[2015] KEHC 1637 (KLR)
The court found that the prosecution's evidence, including the accused's possession of the deceased's property, his identification by a third party as the person who brought the deceased's phone for repair, and his leading police to the recovery of the deceased's body, was sufficient to establish a prima facie case....
Source-derived case information.
- Citation
- [2015] KEHC 1637 (KLR)
- Parties
- Applicant: Republic; Defendant: Wycliff Mwilu Mutinda
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 99 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on defence
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Evidence Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wycliff Mwilu Mutinda
Defendant
Procedural Posture
Criminal Case / Ruling on 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 linking the accused to the murder is sufficient at this stage.
Ratio Decidendi
The court found that the prosecution's evidence, including the accused's possession of the deceased's property, his identification by a third party as the person who brought the deceased's phone for repair, and his leading police to the recovery of the deceased's body, was sufficient to establish a prima facie case. The court held that these facts, taken together, warranted placing the accused on his defence as required by section 306 of the Criminal Procedure Code. The court emphasized that at this stage, it is not required to determine guilt but only whether there is a case to answer based on the evidence presented.
Court Disposition
accused placed on defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
- The accused is informed of his right to address the court on the manner of his defence and whether he will call any witnesses.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 99 OF 2013
REPUBLIC……………………………..…………..PROSECUTOR
VERSUS
WYCLIFF MWILU MUTINDA………………………….ACCUSED
RULING
Wycliff Mwilu Mutinda, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code. It is alleged in the particulars of the offence that on the night of 26th/27th July 2013 at Kiamumbi Area Kahawa West in Kasarani within Nairobi County jointly with another not before the court, murdered John Ndungu Kamande. The accused had been jointly charged with one Patrick Kyalo Nzioki who has since passed on. The information was amended to reflect these changes.
The circumstances of this case are that the deceased John Ndungu Kamande, who worked as a caretaker in a certain building in Kahawa West Nairobi, went missing on or about 27th July 2013. His wife Anastasia Muthoki, PW1, lost track of him after failing to raise him on his mobile phone. She travelled to Nairobi to find out what the problem was and found his house empty of all household items and her husband missing.
The matter was reported to the police at Kiamumbi Police Station. Investigations by Police Officers from Kasarani Police Station led to the recovery of a mobile phone (Ex. 3) allegedly belonging to the deceased. The person found with the phone, one Collins (not a witness) led police to another person named as Muritu (not a witness). Muritu told the investigating officer, Anisia Munene (PW4) that the phone had been taken to him for repair by the accused. He identified the accused to the police. The accused was arrested. Police recovered from him and from his house clothing items: scarf, blanket, mattress, shirt, shoes, socks and trouser, all produced as exhibits. These were identified by PW1 as belonging to her husband. The accused also led police to a septic tank in the compound of the building where the deceased had been working as a caretaker. He told the police that he had been asked by one Kyalo to assist him (Kyalo) to dispose of a body in the said septic tank.
The body of the deceased was retrieved from the tank on 18th September 2013. It was badly decomposed and according to the evidence of the Dr. Dona Nyamonga, the body was skeletonized. Evidence shows that using dental formula, the relatives of the deceased were able to identify the body as that of John Ndungu Kamande the deceased.
I have considered all the evidence tendered by the prosecution together with submissions by both counsel from the opposing sides and the authorities cited by the defence. This court is required at this stage to consider whether a prima facie case has been established against the accused person. I have considered the evidence that several clothing items were found in the house of the accused and that he was found wearing some of the items; that he led police to the recovery of the body. I find this evidence sufficient to establish a prima facie case against him. I am convinced at this stage that the accused has a case to answer and I do hereby place him on his defence.
In compliance with section 306 of the Criminal Procedure Code the accused is informed of his right to address the court on the manner he intends to give his defence and whether he will call any witnesses. Orders are made accordingly.
Dated, signed and delivered in open court this 15th day of October 2015.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Magoma for the prosecution
Ms Makofu for the accused
Mr. Wycliff Mwilu Mutinda the accused person
Mr. Daniel Ngumbi, Court Clerk