Case ID:159144

Republic v Humprey Madede Kamayi [2020] eKLR

Case Metadata

Case Number:

Criminal Case 31 of 2015

Parties:

Republic v Humprey Madede Kamayi

Date Delivered:

14 May 2020

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

Jesse Nyagah Njagi

Citation:

Republic v Humprey Madede Kamayi [2020] eKLR

Advocates:

Mutua for State/Prosecutor

Court Division:

Criminal

County:

Kakamega

Advocates:

Mutua for State/Prosecutor

History Advocates:

One party or some parties represented

Case Outcome:

Accused has a case to answer

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

CRIMINAL CASE NO. 31 OF 2015

REPUBLIC...................................................................................PROSECUTOR

VERSUS

HUMPREY MADEDE KAMAYI.......................................................ACCUSED

RULING

1. The accused is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 1

st

May, 2015 at Shiswa Sub-location, Muranda Location in Kakamega East District within Kakamega County he murdered Lawrence Ashiomo Kamayi (herein referred to as the deceased).

2. The case for the prosecution was that the accused and the deceased were living in the same house. That Enlieta Litangi PW3 was their step-mother. Her house was a short distance away from the house of the deceased. That on the night of 1

st

and 2

nd

May, 2015 at about 8 p.m. PW3 was at her house when she heard the deceased screaming. She came out of her house and found the accused beating the deceased with a jembe stick outside the deceased’s house. That on seeing her the accused threatened to beat her. She went back to her house. On the following morning the deceased was found dead outside his house. Policemen were called. They collected the body and took it to Kakamega County Hospital mortuary. A postmortem was conducted on the body by Dr. Muchana PW4 who found it with multiple injuries on the limbs, burns and a linear fracture on the midline of the head with bleeding into the left brain covering. He formed the opinion that the cause of death was due to multiple injuries following assault. The accused was thereafter arrested and charged with the offence. During the hearing Dr. Muchana produced the post mortem report as exhibit, P.Ex 1.

3. The court is required at this stage to determine whether there is a prima facie case established against the accused. In the case of

Ramanlal Trambaklal Bhatt –Vs- Republic (1957) EA 332

it was held that a prima facie case is:-

“one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”

4. I have considered the evidence adduced before the court. I am satisfied that a prima facie case has been made out against the accused. The accused thereby has a case to answer and is accordingly placed to his defence.

Delivered, dated and signed in open court at Kakamega this 14

th

day of May, 2020.

J. N. NJAGI

JUDGE

In the presence of:

No appearance for Accused

Mutua for State/Prosecutor

Accused – present through video link to Kakamega GK Prison

Court Assistant - Polycap

14 days right of appeal.