[2014] KEHC 768 (KLR)
The court found that the prosecution had adduced sufficient evidence, including eyewitness testimony and medical evidence, to establish a prima facie case against the accused for the offence of murder. The court noted that the cause of death was consistent with the injuries inflicted during the assault in which the...
Source-derived case information.
- Citation
- [2014] KEHC 768 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Siloni Manini
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 61 of 2010
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to defend himself.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wilson Siloni Manini
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including eyewitness testimony and medical evidence, to establish a prima facie case against the accused for the offence of murder. The court noted that the cause of death was consistent with the injuries inflicted during the assault in which the accused participated. Applying the standard set out in Ramanlal Trambaklal Bhatt v Republic, the court held that a reasonable tribunal could convict the accused if no explanation is offered. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to defend himself.
Orders
- The accused shall be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 61 OF 2010
REPUBLIC …………………………………...PROSECUTION
VERSUS
WILSON SILONI MANINI………………………....ACCUSED
R U L I N G
Wilson Siloni Manini,the Accused, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.Particulars of the offence being that on the 12th day of October 2010 at Maroroi Reserve, Loitoktok District within Rift Valley Province, jointly with others not before court murdered Samwel Githuku.
The deceased herein with PW1, Michael Kinyanjui Njorogewere accused of stealing chicken. Consequently they were beaten by their neighbours, MuturiandNjenga.They were tied onto a motor-cycle and dragged along the road. Instead of being taken to the police station their assailants stopped by the bush. The accused person joined them in assaulting the two prior to them being taken back to the house whence the deceased was found.
The fact of death was proved. The prosecution adduced evidence of a postmortem report made by the Doctor who examined the body of the deceased.
In the case of RamanlalTrambaklal Bhatt versus Republic (1957) E.A. 332it was held that a prima facie case is defined as one:
“A reasonable tribunal properly directing its mind to the law and the evidence adduced could convict if no explanation is offered by the defence.”
Having considered the fact that PW7 Dr. Issa Mohammed opined that though the main cause of death was injury to the trachea it could not be ruled out that other injuries on the body could have caused the concussion suffered by the deceased. It will be imperative for the accused to give an explanation of the charges leveled against him.
Accordingly, he will have to defend himself in accordance with the provisions of Section 306 (2) of the Criminal Procedure Code.
It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this 1STday of DECEMBER , 2014.
L.N. MUTENDE
JUDGE