Court of Appeal Rules Last Person Seen With Murder Victim Must Explain or Risk Conviction

The Court of Appeal in Nyeri has upheld the murder conviction of a man who killed his two-week-old son and secretly buried the infant in a shallow grave near his home in Meru.

In its judgment, the court ruled that a person who is the last known individual seen with a victim may be required to explain what happened if the victim later dies under suspicious circumstances.

Failure to provide a credible explanation can strengthen the prosecution’s case.

The case involved Edward Mutuma, who was convicted of murdering his newborn son. Although no one witnessed the killing, the Court found that the circumstantial evidence formed a complete chain pointing directly to him as the killer.

According to court records, the child’s mother left the infant sleeping inside the appellant’s house and stepped away briefly.

When she returned, the baby was missing.

Family members immediately began searching for the child. During the search, the father reportedly gave conflicting explanations about the baby’s whereabouts, raising suspicion among relatives and investigators.

As concern grew, police officers questioned him further.

The Court noted that the appellant eventually led officers to a banana plantation near his home, where the baby’s body had been buried.

Medical Evidence Revealed Serious Head Injuries

A post-mortem examination revealed that the infant suffered severe head injuries.

Doctors found multiple scalp haematomas and bleeding inside the brain. The medical evidence ruled out the possibility that the injuries resulted from an accidental fall.

The findings showed that the child died from deliberate and violent acts.

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Court Relied on Circumstantial Evidence

The judges emphasized that a murder conviction does not always require eyewitness testimony.

In this case, they found that the surrounding facts created an unbroken chain of evidence leading to only one reasonable conclusion.

The Court observed that the appellant was the last adult known to be alone with the child before the infant disappeared and later turned up dead.

The judges stated,”The appellant was the last person seen with the deceased before the deceased disappeared.”

The Court further found that the father failed to provide a believable explanation about what happened to the child after he was left in his care.

Judges Reject Defence Arguments

The appellant argued that the prosecution’s case was weak because investigators never recovered a murder weapon and some witnesses were not called to testify.

However, the Court dismissed those arguments.

The judges held that the prosecution is not required to call every possible witness if the available evidence sufficiently proves the case.

They also ruled that the absence of a murder weapon did not weaken the strong medical and circumstantial evidence presented before the court.

The Court stated,”The prosecution had established a complete chain of circumstances pointing irresistibly to the appellant as the perpetrator.”

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Ruling Strengthens “Last Seen With” Principle

The decision reinforces the growing use of the “last seen with” doctrine in Kenyan criminal law.

Under this principle, when a person is the last known individual seen with a victim before death, that person may be expected to explain the circumstances that followed.

If no reasonable explanation is given, the court may consider that failure alongside other evidence when determining guilt.

The judges concluded that the evidence proved the offence of murder beyond reasonable doubt and confirmed that the appellant acted with malice aforethought.

Death Sentence Reduced to 25 Years

While the Court upheld the murder conviction, it reduced the sentence.

The judges replaced the death penalty with a prison term of 25 years.

The decision reflects the shift in sentencing following the landmark Supreme Court ruling in the Muruatetu Case, which allowed courts greater discretion when imposing punishment for murder convictions.

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Court of Appeal Rules Last Person Seen With Murder Victim Must Explain or Risk Conviction
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