Republic v Frankline Otieno Asili [2015] KEHC 5082 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL  CASE NO. 37 OF 2012

REPUBLIC……………………………….……….PROSECUTOR

VERSUS

FRANKLINE OTIENO ASILI…..…………………….. ACCUSED

RULING

1. Frankline Otieno Asili is facing trial for the murder of John Ngige Gitau. The particulars of the charge are that on the night of 28th and 29th August 2009 at Ruku Village in Kiambu County jointly with others not before court murdered John Ngige Gitau.

2. PW1 Simon Gitau Ngige testified that he found his deceased father’s house open on the morning of 29th August 2009. He entered the house and even entered the bedroom when his father failed to respond to his call.  He informed relatives and reported to the police that his father was missing. Later the body was discovered in the banana farm behind the house.  Cpl.Virginia produced photographs documenting the scene on behalf of Cpl. Wasike (now deceased) who was the scenes of crime officer. The photographic evidence shows the deceased’s body lying in the banana garden with his hands tied with a rope.

3. PW3 Pius Kamende’s evidence was limited to facilitating the identification of the body at the mortuary. The pathologist Dr. Johansen Oduor performed an autopsy on the deceased and concluded that he died of strangulation.

4. PW2 Mary Nafula Wahungu testified that she saw the accused setting a phone to one Everlyne on 20th May 2010. She knew both the accused and Everlyne.

5. PW8 Sgt. Damaris Matiri testified that she recovered the deceased’s phone Nokia 1200 from the accused and that the accused had no reasonable explanation on how he came into possession of the phone.

6. Having considered the evidence now on record, I find the accused has a case to answer in accordance with Section 306 of the Criminal Procedure Code.

Orders accordingly.

Ruling delivered, dated and signed at Nairobi this 24thday of April, 2015

R. LAGAT - KORIR

JUDGE

In the presence of:

……………………………...:                Court clerk

……………………………….:               Accused

……………………………....:               For the accused

……………………………….:               For the state