[2022] KEHC 14444 (KLR)

[2022] KEHC 14444 (KLR)

The court found that the prosecution's evidence, including the testimonies of Pw1 and Pw2, forensic evidence from Pw5, and the investigative accounts of Pw6 and Pw7, established that the deceased died from an unlawful act and placed the accused at the scene and time of the incident. The blood trail, the recovery of...

Source-derived case information.

Citation
[2022] KEHC 14444 (KLR)
Parties
Applicant: Republic of Kenya; Defendant: Peris Wangeci Murage
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
24 October 2022
Case Number
Criminal Case 24 of 2019
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Outcome
Accused found to have a case to answer and ordered to be put on her defence.
Judges
MW Muigai
Legal Topics
Murder, Malice Aforethought, Circumstantial Evidence, Identification, Prima Facie Case
Source Language
english
Criminal Law Murder Malice Aforethought Circumstantial Evidence Identification Prima Facie Case

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Summary, issues, holding and outcome

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Parties

Republic of Kenya

Applicant

Peris Wangeci Murage

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer After Close of Prosecution Case

Legal Issues

  1. 1 Whether the accused was involved in the murder of the deceased.
  2. 2 Whether the accused acted with malice aforethought as required under section 206 of the Penal Code.
  3. 3 Whether the accused was properly identified as the perpetrator.

Ratio Decidendi

The court found that the prosecution's evidence, including the testimonies of Pw1 and Pw2, forensic evidence from Pw5, and the investigative accounts of Pw6 and Pw7, established that the deceased died from an unlawful act and placed the accused at the scene and time of the incident. The blood trail, the recovery of the murder weapon with the deceased's DNA, and the history of animosity between the accused and the deceased, together with the accused's own statements, constituted sufficient circumstantial evidence to establish a prima facie case of murder under section 203 of the Penal Code. The court held that the evidence was adequate to require the accused to be put on her defence, as...

Court Disposition

Accused found to have a case to answer and ordered to be put on her defence.

Orders

  • The accused is placed on her defence under section 306 of the Criminal Procedure Code.
  • Further mention for direction scheduled for 8/11/2022.