Republic v Wilson Siloni Manini [2014] KEHC 768 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE NO. 61 OF 2010

REPUBLIC …………………………………...PROSECUTION

VERSUS

WILSON SILONI MANINI………………………....ACCUSED

R U L I N G

Wilson Siloni Manini,the Accused, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.Particulars of the offence being that on the 12th day of October 2010 at Maroroi Reserve, Loitoktok District within Rift Valley Province, jointly with others not before court murdered Samwel Githuku.

The deceased herein with PW1, Michael Kinyanjui Njorogewere accused of stealing chicken.  Consequently they were beaten by their neighbours, MuturiandNjenga.They were tied onto a motor-cycle and dragged along the road. Instead of being taken to the police station their assailants stopped by the bush. The accused person joined them in assaulting the two prior to them being taken back to the house whence the deceased was found.

The fact of death was proved.  The prosecution adduced evidence of a postmortem report made by the Doctor who examined the body of the deceased.

In the case of RamanlalTrambaklal Bhatt versus Republic (1957) E.A. 332it was held that a prima facie case is defined as one:

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

Having considered the fact that PW7 Dr. Issa Mohammed opined that though the main cause of death was injury to the trachea it could not be ruled out that other injuries on the body could have caused the concussion suffered by the deceased.  It will be imperative for the accused to give an explanation of the charges leveled against him.

Accordingly, he will have to defend himself in accordance with the provisions of Section 306 (2) of the Criminal Procedure Code.

It is so ordered.

DATED, SIGNEDand DELIVERED at MACHAKOS this 1STday of DECEMBER  , 2014.

L.N. MUTENDE

JUDGE