Republic v Kelvin Mukuha Wambui [2020] KEHC 7542 (KLR)
- Court
- High Court of Kenya
- Case number
- 7542
- Citation
- [2020] KEHC 7542 (KLR)
- Decided
- 5 March 2020
The court found that the prosecution did not establish a prima facie case against the accused and that there was no evidence to link the accused to the unlawful act that caused the deceased's death. The court concluded that the accused is not guilty and is set at liberty.
Facts
The prosecution alleged that the accused, Kelvin Mukuha Wambui, murdered Margaret Wanjeri Mutune on December 16, 2018, at Kia-Maina slums in Nyahururu, Laikipia County. The prosecution called 7 witnesses, including the deceased's daughter, who found the deceased's body with injuries and a broken window. The accused denied the charges.
Issues
- whether the prosecution established a prima facie case against the accused
- whether the accused committed the murder
Reasoning
The court held that the prosecution's evidence was insufficient to prove the accused's guilt beyond reasonable doubt. The court emphasized that suspicion alone cannot be a basis for a conviction.
Outcome
acquittal
Orders
- acquittal of the accused under Section 306(1) of the Criminal Procedure Code
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
Cases cited (2)
- Republic v Jag Jwan Patel & others
- Ramanlal Trambaklal Bhatt v. R
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