Republic v Mangati Kuuma [2016] KEHC 2069 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 21 OF 2015

REPUBLIC……………………………………………...PROSECUTOR

VERSUS

MANGATI KUUMA…………......................................…...ACCUSED

R U L I N G

1. Mangati Kuuma,the Accused, is charged with the offence of Murder contrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 4thday of June, 2012at Kikuu Sub-location, Mwitika Division, Mutomo Districtin Kitui County,jointly with others murdered Cosmas Kyendi Munyao(Deceased).

2. At close of the Prosecution’s case, the fact of death was established.  PW5, Dr. Patrick Mutukuconducted a postmortem on the body of the Deceased that was identified by a relative.  He formed the opinion that the cause of death was severe burns.

3. PW1 Kasele Munyaothe wife of the Deceased identified the Accused as one of the persons who pulled him out of their house amidst accusation of having stolen a goat.  They led him to where he was burnt as she watched.  Her evidence was corroborated by that of PW2 Mwania Munyao.

4. In the celebrated case of Ramanlal Trambklal Bhatt vs. Republic (1957) EA 332it was held that a prima faciecase is one which;

“…..A reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence….”

5. This is a matter where eye-witnesses to the act that was committed that resulted into the death of the Deceased have adduced evidence.  If the evidence is not challenged then a reasonable court may convict on the evidence given so far.  In the premises, I find the Prosecution having established a prima faciecase against the Accused that requires him to be put on his defence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.

6. It is so ordered.

Dated, Signed and Deliveredat Kitui this 8thday of September,2016.

L. N. MUTENDE

JUDGE