[2025] KEHC 9093 (KLR)

[2025] KEHC 9093 (KLR)

The court found that the prosecution proved beyond reasonable doubt that the accused, Eliud Sukubali Wasike, murdered the deceased, Peres Aloo Onyango. The deceased's dying declaration to PW4, corroborated by forensic evidence of petrol and diesel at the scene and the circumstances of the fire, established the...

Source-derived case information.

Citation
[2025] KEHC 9093 (KLR)
Parties
Applicant: Republic; Defendant: Eliud Sukubali Wasike
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Criminal Case 80 of 2015
Procedural Posture
Criminal Case / Judgment
Outcome
convicted of murder
Judges
FR Olel
Legal Topics
Murder, Malice Aforethought, Dying Declaration, Circumstantial Evidence, Burden of Proof
Source Language
english
Criminal Law Murder Malice Aforethought Dying Declaration Circumstantial Evidence Burden of Proof

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Parties

Republic

Applicant

Eliud Sukubali Wasike

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused murdered the deceased.
  2. 2 Whether the deceased's statement to PW4 constituted a dying declaration admissible in evidence.
  3. 3 Whether circumstantial evidence and the dying declaration were sufficient to link the accused to the offence.

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, Eliud Sukubali Wasike, murdered the deceased, Peres Aloo Onyango. The deceased's dying declaration to PW4, corroborated by forensic evidence of petrol and diesel at the scene and the circumstances of the fire, established the accused's responsibility. The accused's defence was found to be mere denial and evasive, failing to explain the incriminating circumstances, including the padlocked door and his presence in the house. The court held that the dying declaration was admissible and corroborated, and the circumstantial evidence was incompatible with any explanation other than the accused's guilt. Malice...

Court Disposition

convicted of murder

Orders

  • The accused, Eliud Sukubali Wasike, is convicted of murder under section 215 of the Criminal Procedure Code.
  • Sentencing is deferred pending the filing of a pre-sentence report by the probation and aftercare services department within 21 days.