Case ID:175515
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Republic v Jadiel Kaberia [2021] eKLR
Case Metadata
Case Number:
Criminal Case (Murder) 62 of 2019
Parties:
Republic v Jadiel Kaberia
Date Delivered:
20 May 2021
Case Class:
Criminal
Court:
High Court at Meru
Case Action:
Ruling
Judge(s):
Thripsisa Wanjiku Cherere
Citation:
Republic v Jadiel Kaberia [2021] eKLR
Advocates:
For the Accused - Mr. Muriira Advocate
For the State - Ms. Mbithe
Court Division:
Criminal
County:
Meru
Advocates:
For the Accused - Mr. Muriira Advocate
For the State - Ms. Mbithe
History Advocates:
Both Parties Represented
Case Outcome:
Accused not guilty.
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 MERU
(
CORAM: CHERERE-J_
CRIMINAL CASE (MURDER) NO. 62 OF 2019
BETWEEN
REPUBLIC.................................................................................................PROSECUTOR
AND
JADIEL KABERIA............................................................................................ACCUSED
RULING
1)
JADIEL KABERIA
(
Accused
) is charged with the offence of Murder Contrary to
Section 203
as read with
Section 204
of the Penal Code. The particulars of the charge are that
On diverse dates between 27
th
and 28
th
June, 2019 at an unknown time at Kiegoi Location, in Igembe South Sub-County within Meru County, unlawfully murdered Kianga M’Atheru
2) Accused is son of
Kianga M’Atheru
(deceased) and PW1 Eunice Nkatha.
3) The prosecution case was that prior to the death of the deceased, Accused and his father had been having disagreements to a point where Accused had severally made threats to kill his father.
4) That Accused had made threats to kill his father was the thread that ran through the evidence by his mother PW1 Eunice Nkatha, neigbour PW2 Geofrey Kunja, a police officer PW3 PC Naomi Syokau and brother in law PW5 Joel Kalemi.
5) It therefore follows that when Accused father’s body was discovered on 28
th
June, 2019, Accused was on the basis of threats allegedly made to the deceased arrested and charged.
6) There is no doubt that the deceased died. The postmortem form,
PEXH. 1,
shows that deceased died of cardiopulmonary arrest due to severe heavy head injury with internal haemorrhage.
7) None of the prosecution witnesses stated that accused person committed the unlawful act that caused the death of the deceased.
8) The issue for determination is whether on the basis of threats allegedly made by the Accused, the Prosecution has established a primafacie case upon which Accused can safely be called upon to defend himself.
9) The totality of the prosecution wholly relied on the intent that Accused had made and no other investigation was carried out to link Accused to the death of his father.
10) At best, the evidence led by the prosecution only amounts to suspicion. In the case of
Sawe vs. Republic
[2003] KLR 354
the Court of Appeal held:
Suspicion, however strong, cannot provide the basis of inferring guilt which must be proved by evidence beyond reasonable doubt.
11) In the absence of any other evidence pointing an accusing finger at the Accused, I am not persuaded that there is sufficient evidence to warrant this Court to put the Accused on his defence because the evidence on record is such that it cannot sustain a conviction even in the event that Accused is placed on his defence and he elects to exercise his Constitutional right to remain silent under Article 50 (2) (1) of the Constitution.
12) Consequently, under the Provisions of Section 306 (1) of the Criminal Procedure Code, Accused is hereby found
NOT GUILTY.
DATED AT MERU THIS 20TH DAY OF MAY 2021.
T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused - Mr. Muriira Advocate
For the State - Ms. Mbithe