[2008] KEHC 629 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused persons. The evidence presented did not directly or circumstantially link the accused to the death of the deceased. The deceased was last seen alive at home, and there was no evidence of assault or contact with the...
Source-derived case information.
- Citation
- [2008] KEHC 629 (KLR)
- Parties
- Defendant: Silas Maywa Henry; Defendant: Victor Kituyi Maniala; Defendant: Eric Manyasi Wekanya; Applicant: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2004
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Maywa Henry
Defendant
Victor Kituyi Maniala
Defendant
Eric Manyasi Wekanya
Defendant
Republic
Applicant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to require them to defend themselves.
- 2 Whether there was sufficient direct or circumstantial evidence linking the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused persons. The evidence presented did not directly or circumstantially link the accused to the death of the deceased. The deceased was last seen alive at home, and there was no evidence of assault or contact with the accused after leaving the scene. The prosecution's case was based on suspicion and unsubstantiated allegations, including a purported motive involving a love triangle, for which no evidence was adduced. The circumstantial evidence did not meet the legal threshold required to put the accused on their defence. Consequently, the court held that no reasonable tribunal could convict the...
Court Disposition
acquittal
Orders
- The accused persons are acquitted of the charge of murder.
- Unless otherwise lawfully held, the accused persons shall be released forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
Criminal Case 31 of 2004
SILAS MAYWA HENRY ……....……… 1ST ACCUSED
VICTOR KITUYI MANIALA …………… 2ND ACCUSED
ERIC MANYASI WEKANYA ……..…… 3RD ACCUSED
~VRS~
REPUBLIC ……..............…….. PROSECUTOR
RULING
The three accused persons Silas Maywa Henry, Victor Kituyi Maniala and Erick Manyasi Wekanya alias Siakama were charged with the offence of murder c/s 203 as read with s.204 of the Penal Code. It was alleged that on 8th April, 2004 at Chepsitati Village, Kibichori Sub-location in Bungoma District within Western Province jointly with others not before the court they murdered Coronelius Khamala Wabangana. They denied the offence.
This case was partly heard by Lady Justice W. Karanja who recorded the evidence of 10 witnesses before she was transferred. Upon taking over the proceedings, I informed all the accused persons of their right to recall any witnesses who had already testified as provided for under section 200 of Criminal Procedure Code. They elected not to recall any. I then recorded evidence from two prosecution witnesses, the Doctor and the Investigating Officer after which the prosecution closed its case. The learned counsel appearing for the accused persons have submitted that the prosecution has not established a prima facie case to warrant the accused persons offer any defence to the charge of murder.
The prosecution has proved beyond doubt that the deceased died. Dr. Mulianga Ekesa produced the post mortem report prepared by Dr. John Juma who had retired from public service. They had worked together for more than 20 years and he knew his handwriting and signature. The findings of Dr. Juma were that the deceased died of cardio respiratory arrest due to right subdural haematoma due to head injury due to trauma to the skull caused by a blunt object.
The prosecution had a duty to prove at this stage that the accused persons jointly and severally were responsible for the death of the deceased. There is evidence that the deceased, the accused persons and many others were at the home of PW7 Patrick Kubeyi taking chang’aa on the evening before the deceased was found dead. There is also evidence from PW1, Dennis Wanyonyi who is a son of the deceased that his father went home drunk and asked for food. He never told his children about any assault on him. He was left seated on a chair when his children went to sleep. In the morning he was found on the floor having fallen from the chair. There was no evidence whatsoever, that the three accused persons had any contact with the deceased after they left the home of PW7.
There is evidence that several people were arrested but subsequently released on suspicion that they were responsible for the death of the deceased. The evidence that has been presented by the prosecution falls between the same category, that the accused persons were arrested only on suspicion and there is no evidence whatsoever direct or circumstantial to link them to the death of the deceased. Indeed, the learned counsel for the Republic concedes that the evidence presented was circumstantial but that evidence does not pass the test of circumstantial evidence required in criminal law such that, if the accused persons were to remain silent at this stage, no court can convict on that evidence. Further to the foregoing, although there was some suspicion that the 1st accused had a relationship with one Esther Koko who was also suspected to be a friend of the deceased and that the killing of the deceased was as a result of a love triangle no evidence has been adduced to establish that suspicion. In the end, I find that no prima facie case has been established by the prosecution to warrant the accused persons to defend themselves. Therefore, I find that they must be acquitted and unless otherwise lawfully held, they shall be released forthwith.
Signed, Dated and Delivered this 16th day of December, 2008.
A MBOGHOLI MSAGHA
JUDGE
Mr. Ocharo for Mr. Kituyi for 1st accused.
Mrs Mumalasi for Mr. Makali for 2nd & 3rd accused.