- The accused herein Emily Mukhwana Wanjekeche 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 19th day of July, 2017 at Brigadier area, Kiminini Location in Bungoma North Sub- County within Bungoma Conty she murdered Jonathan Barasa Burudi.
- The prosecution called seven (7) witnesses in support of its case.
- At the close of the prosecution’s case, both learned counsels opted to rely on the evidence so far tendered and left the court to establish whether or not the prosecution has established a prima facie case against the accused herein so as to require her to be called upon to make a defence.
- I have considered the evidence of the seven prosecution witnesses and find that the accused herein was placed at the scene of crime. The accused had been a second wife to the deceased and had lived with him for a long period after the deceased separated from his first wife. It transpired that the deceased had suffered some form of paralysis and used to walk with the help of a cane. It also transpired that the accused was the last person to be with the deceased up to the time he passed on while attending medication. The evidence of the pathologist (PW6) is that the deceased’s gastric mucosa had some inflammation. The cause of death was found to be severe anaemia due to severe acute lower gastro intestinal tract bleeding which could be as a result of poison. The evidence of the Government analyst (PW7) is to the effect that the substance obtained from the stomach contents of the deceased was some form of an insecticide (amitraz). 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 she had an opportunity to harm the deceased and hence there is reason to believe that she had a hand having been with the deceased prior to his death. I further find that were the accused to elect to remain silent in defence, the evidence so far tendered by the prosecution is sufficient to sustain a conviction against her. As the accused was the last person to be with the deceased, she must now offer an explanation as to how the deceased met his death
- In the result, it is my finding that the prosecution has established a prima facie case against the accused herein Emily Mukhwana Wanjekeche. I find that she ahs a case to answer and is now called upon to elect to conduct her defence in line 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 :-
Emily Mukhwana Wanjekeche....................Accused
Miss Mukanda for Kraido ...........................for accused
Miss Kibet.....................................................for Prosecution
Kizito.............................................................Court Assistant