- The accused herein Alex Simiyu Wekesa has been charged with an offence of murder contrary to section 203 as read with section 204 of the Penal code. The Particulars are that on the 14th day of February, 2021 at Kamasielo village in Kimilili sub- County within Bungoma County, he murdered Belisa Chepkwemoi.
- The Prosecution called seven witnesses support of its case.
- At the close of the prosecution’s case, learned counsels opted not to tender submissions on the issue of whether a prima facie case has been made by the prosecution at this stage of the proceedings to warrant the accused to be called upon to make a defence.
- I have carefully considered the evidence of the seven prosecution witnesses and find that the accused was placed at the scene of crime. He was found lying beside the body of the deceased and that it transpired that he had attempted to commit suicide by ingesting some poison. The evidence of the pathologist ( PW4 ) is to the effect that the cause of death was hemorrhagic shock secondary to trauma caused by a blunt object. It transpired from the evidence that the deceased was the wife to the accused herein and that the two had earlier been reported to have had domestic and or marital problems and that the deceased had left for her parents’ home but had come back to collect her belongings only for her body- to be found lying beside the accused. Consequently, i find that in the absence of any explanation to the contrary from the defence, the evidence so far tendered by the prosecution at this stage of the proceedings has placed the accused at the scene of crime and that he had the opportunity to harm the deceased and hence there is reason to believe that he had a hand having been with the deceased prior to her death. I further find that were the accused to elect to remain silent in defence, the evidence so far tendered is sufficient to sustain a conviction against him. As the accused was the last person to be with the deceased, he must now offer an explanation as to how she met her death.
- In the result, it is my finding that the prosecution has made out a prima facie case against the accused herein, Alex Simiyu Wekesa. I find that he has a case to answer and is now called upon to elect to conduct his defence in accordance with the provisions of section 306 (2) of the Criminal Procedure Code.
DATED AND DELIVERED AT BUNGOMA THIS 12TH DAY OF APRIL, 2024.
D KEMEI
JUDGE
In the Presence of :-
Alex Simiyu Wekesa…………………………. Accused
Miss Kibet…………………………………. for Prosecution
Kizito……………………………………………Court Assistant