Republic v Semeiyan alias Dodo & 2 others [2023] KEHC 27320 (KLR)

Republic v Semeiyan alias Dodo & 2 others (Criminal Case E011 of 2021) [2023] KEHC 27320 (KLR) (6 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27320 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Case E011 of 2021

SN Mutuku, J

December 6, 2023

Between

Republic

Prosecution

and

Samuel Simel Semeiyan Alias Dodo

1st Accused

Benjamin Rempeiyan Semeiyan Alias Kadong

2nd Accused

Benjamin Roinet Ntarya

3rd Accused

Ruling

1. The three accused are charged with the murder of David Nyongesa Wakhungu alias Korombia contrary to section 203 as read with section 204 of the Penal Code. The offence is alleged to have been committed on 18th June 2020 at Nkarusha Village, Kiserian Location in Kajiado North Sub-County within Kajiado County.

2. The three pleaded not guilty to the charge and the hearing proceeded with the prosecution calling of 12 witnesses to testify against the accused persons. At the close of the case by the prosecution, it is upon this court to determine whether the evidence adduced supports a prima facie case against the accused persons for this court to place them on their defence.

3. The facts of this case, as testified by witnesses, are that the deceased and the three accused persons were among a group of casual workers who were assigned to dig the foundation at the site in Nkarusha Village in Kiserian Kajiado North where the County Government of Kajiado was constructing a school. On 18th June 2020, an argument between the deceased and the other workers concerning the removal of a water tank that was standing in the way where the foundation was supposed to be. The deceased, who lived at the site, was refusing to have the tank removed. The accused persons confronted the deceased and assaulted him, seriously injuring him. The deceased was taken to Kajiado Level 4 Hospital where he died while undergoing treatment.

4. I have considered the evidence tendered, specifically that of the eyewitnesses, among them Francis Muya Kinuthia (PW2), Gogo Kariuki (PW3) and Joseph Munyua Njoroge (PW4). The evidence of these witnesses implicate the three accused persons.

5. Section 306 (2) of the Criminal Procedure Code provides that:When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.

6. It is my finding that there is evidence that the accused persons are implicated in this this matter. I call upon them to give evidence in defence of their case. I have informed them of their right to address this court by making a defence either sworn or unsworn and to call witnesses to testify.

7. It is so ordered.

DATED, SIGNED AND DELIVERED THIS 6THDECEMBER 2023. S. N. MUTUKUJUDGE