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High CourtDismissed

Republic v 1st and 2nd Accused Persons

High Court of Kenya
30 June 2020
FGF. Gikonyo
997 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The prosecution must provide a clear, credible link between the accused and the crime; weak or conflicting evidence results in acquittal.

What this practically means

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Executive summary

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The two accused persons were charged with murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63. The prosecution closed its case on 11 December 2019 after calling seven witnesses, and both parties indicated they would not file written submissions. The court was called upon to determine, under Section 306 of the Criminal Procedure Code, whether the prosecution had established a prima facie case requiring the accused to enter their defence. Applying the classic definition of a prima facie case from Ramanlal Bhatt v R (1957) EA 332, and the two-limb test from Sanjil Chattai v The State as cited in Republic v Alex Mwanzia Mutangili [2017] eKLR, the court assessed the evidence. Six of the seven witnesses (Pw1 to Pw6) testified that the deceased had committed suicide; only Pw7, the investigation officer, suggested the deceased may have been murdered, pointing to facial marks indicating a struggle. The post mortem report recorded fresh facial injuries, death by strangulation causing hypoxic brain damage, and a cut rope partly around the deceased's neck and partly hanging on a tree. However, Pw5's evidence that he saw the 2nd accused with the deceased before death was not categorical, Pw7 acknowledged the 1st accused mentioned an argument with the deceased, and all witnesses attested to good relations between the accused and the deceased. The court found no credible link between any unlawful acts by the accused and the death, held that the prosecution had not laid out a prima facie case, and acquitted both accused persons under Section 306(1), ordering their release unless otherwise lawfully held. Judgment was delivered at Meru on 30 June 2020 by F. Gikonyo J; the accused appeared in person and the DPP Meru appeared for the State.

Key legal issues

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Whether the prosecution established a prima facie case of murder at the close of its case

Holding

The prosecution failed to establish a prima facie case; the accused were acquitted under Section 306(1) of the Criminal Procedure Code

Reasoning

Six of seven prosecution witnesses indicated the deceased committed suicide; only the investigation officer suggested murder, citing facial marks indicating a struggle. The post mortem noted fresh facial injuries and a cut rope, but Pw5's sighting of the 2nd accused with the deceased was not categorical, and all witnesses attested to good relations between the accused and the deceased. No credible link between the accused's acts and the death was shown.

p. 2

Legal principles established

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  • A prima facie case is one which a reasonable tribunal properly directing its mind to the law and the evidence would convict on if no explanation is offered by the defence
  • A submission of no case to answer may be upheld where no evidence proves an essential element of the offence or where the evidence is so discredited that no reasonable tribunal could safely convict

Court orders

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  1. 1.Finding of not guilty; both accused persons acquitted
  2. 2.Accused persons set at liberty unless otherwise lawfully held
Jurisdiction invoked
Section 306 of the Criminal Procedure Code; charge under Section 203 as read with Section 204 of the Penal Code CAP 63

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v 1st and 2nd Accused Persons", Case Analysis (2020). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.