Weird Cases in Kenya

Lucy Nyokabi Mwaura, hereinafter referred to as the accused was charged with the offence of murder of Caroline Wanjiku on 18th June, 2017 at Matasia trading center contrary to section 203 as read with Section 204 of the penal code. The accused who is being represented at this trial by Ms. Rashid Advocate denied the charge and any particulars regarding her involvement. In this country under Article 50 2(a) of the constitution always and everywhere great emphasis has been placed on the matrix on the presumption of innocence of an accused person while the contrary is proved by the state. It goes therefore that very little burden is placed on the accused to prove anything in a criminal case.

As regards the present case the prosecution summoned thirteen witnesses to discharge the burden of proof in placing evidence before court to disapprove innocence of the deceased. Mr. Alex Akula, the Senior Prosecution Counsel conducted the prosecution on behalf of the state. In addition to the testimonies of the thirteen witnesses the state relied on both documentary and physical exhibits to buttress their case against the accused person.

The background of the prosecution case as narrated by witnesses when Pw1 took the stand revealed that the deceased had visited Matasia center on 18th June, 2017. Her first stop seemed to have been the butchery of Pw1 where she left her bag containing personal effects. In Pw1 testimony in a little while he was to hear some noise of screams which on checking found that they involved an assault against the same lady who left her bag in the butchery.

Pw2 in her testimony alluded to the events of 18th June, 2017 in which the accused stopped at her salon to assist in making the hair of some customers. According to Pw2 in the course of duty, the accused left the salon for her house which is about 100 meters away. Further Pw2 stated that on her return accused mentioned about the contact they had with the accused at the stair case of her house. As they discussed the issue with accused Pw2 testified that they saw the child of the accused by the name J crying alleging that the said lady by the name Carole had made attempts to strangle her. It is against this information the accused left the salon to go back to the house to find out from Carole the reason she was making an altercation with J. What followed according to the evidence of Pw2 were screams, and in responding to the same she saw Carole who later was to be identified as the deceased lying down on the ground. Pw2 further stated that at that same time she noticed some blood and bleeding from the victim. According to Pw2 members of the public responded to the scene and assisted to take the victim to the hospital.

Pw3 further testified that on the fateful day she saw a girl whom she positively identified as J and daughter to the accused looking frightened and at the same time crying. In a short while what unfolded was a lady armed with a stone taking position to confront the accused. In her judgement Pw3 testified that she sensed imminent danger and decided to take her child from the scene to a safe place. She was later to learn that a lady whom she saw armed with a stone has been stabbed with a knife.

In respect to Pw4 evidence she stated that on 18th June, 2017 she went about her duties of selling groceries and vegetables at a premise located at upper Matasia. It was while at her grocery that the accused purchased airtime and also required to be assisted a mobile number of PC Moseti of Matasia Police Post. Pw4 testified that it did not take long before she could see many people gathered talking of a victim of an assault and that her knife was used to inflict the bodily harm. Pw4 further gave evidence that the alleged murder weapon was to be recovered at the rear part of the house thought she was at pains to explain how it was taken out of her house where she first used it to cut some vegetables.

Pw5 gave evidence regarding the role he played in taking the victim of assault to Upper Matasia Nursing Home and later to Zam Zam hospital for emergency treatment. Pw5 testified that the deceased succumbed to death in the course of the treatment.

Pw6 testified as a brother to the deceased and the basis upon which he was summoned by the police on 20th June, 2017 to visit the mortuary in order to identify the body of the deceased for purposes of postmortem examination.

Pw7 stated that on 18th June, 2017 while at upper Matasia trading center he heard a voice of a lady crying calling for help from her husband alleging that she has been stabbed with a knife. These distress screams attracted the attention of members of the public. Pw7 as part of the public further testified that he found other people in pursuit of the lady suspect who had been recognized as the assailant. It was Pw7 testimony that it did not take long before he arrested the suspect in connection with the offence. He was later to handover the suspect to the Ngong police officers for further action.

Pw8 a gazetted Scenes of Crime Officer testified as to the visit he made to the scene where he documented the scene by taking various photographs. Besides the scene Pw8 also took photographs of the deceased involving the nature of injuries sustained. The set of photographs and a certificate to that effect were admitted in evidence as exhibit 2(a) and (b) respectively.

Pw9 testified in connection with the re-arresting of the accused from the members of the public and the recovery of the knife alleged to have been used to stab the deceased at the scene of crime. The witness evidence was that the knife before court produced as exhibit 1 was positively identified by pw4.

Pw10 testified as the driver of motor vehicle KUB 408J which took the victim of the assault to the hospital immediately after the attack. Pw10 further confirmed that on arrival at Zam Zam hospital the victim succumbed to death while undergoing treatment.

Pw11 gave evidence as a government analyst attached to National government chemist where analysis of samples and DNA procedures are carried out. With regard to this specific case Pw11 confirmed to have received a blood stained knife, skirt, blouse, swab from the scene for purposes of DNA profile. In his summary tabulated in the report produced as exhibit 7(a). Pw11 stated that he generated a DNA profile from the blood stains on the swab, which marched with that of the deceased. Apparently, pw11 confirmed that the blood stained knife failed to generate any DNA profile.

Pw12 gave evidence as an analyst with Safaricom Mobile provider in respect with telephone numbers 0727 -068781, 0728 806896 and 0718 535515. According to Pw12 having so far dealt with the analysis it confirmed that mobile numbers 0727068781 registered in the name of the accused showed that she was around Matasia area on 18th June, 2017. Pw12 produced the subscriber details of the accused and the deceased as exhibit 8(b) and (c) respectively.

Turning to Pw13 who spent considerable time as the investigating officer on the matter testified on how she collected and correlated all such information and articles relevant to the case. Pw13 stated that upon establishing the cause of death from the postmortem report admitted in evidence as exhibit-9 the accused was charged with the offence of killing the deceased. Pw13 further indicated in her testimony that the brown bag containing personal effects of the deceased, one pair of black and brown shoes, one blue and white blouse identified to be that of the deceased were also collected as part of the evidence in support of the charge. Accordingly PW 13 produced them as exhibits 4, 5, 6(a) and (b) as supportive material that the deceased was at the scene of the crime.

At the close of the prosecution case Ms. Rashid for the accused very strongly submitted that the case against accused has not been proved to warrant her to be placed on her defence. She also drew the attention of the court to the circumstances under which the killing had taken place which appeared to render suspicion to the prosecution case. Learned counsel went into the aspects of the evidence of the witnesses and submitted that no account was given to show that the accused stabbed the deceased. In considering this case for a mention of no case to learned counsel to a large exhibit relied on the principles as explained by the court in the case of R.T. Bhatt Republic 1957 EA 332 – 335.

Summarize

Sasa unaona sisi wote ni wakili? Meffi wewe nkt!

get full details here
http://kenyalaw.org/caselaw/cases/view/180056

One thing is clear. Phones and phone numbers will eff you up