Automated Summary
Key Facts
The accused, T M N, is charged with the murder of a five-year-old girl, F. W. N, under sections 203 and 204 of Kenya's Penal Code. The alleged crime occurred on 20th February 2013 in Githunguri District, Kiambu County. A trial within a trial was conducted to assess the voluntariness and admissibility of a confessional statement by T M N. Police officers CIP Boniface Kipkemboi Samati and CIP Samuel Agutu testified that the accused was cautioned, allowed to choose Kiswahili as the language for the confession, and had both parents present during the statement. The accused claimed he admitted guilt due to being beaten by members of the public but was arrested on 21st February 2013 and the confession recorded on 28th February 2013. The court found the confession voluntary and admissible, concluding the accused and his parents were not truthful in their testimonies.
Issues
The court determined the admissibility of the accused's confessional statement by examining whether it was made voluntarily and in compliance with the Evidence Act and constitutional rights. The ruling concluded that the statement was voluntary and properly recorded in the presence of the accused's parents, meeting legal requirements.
Holdings
The court found that the accused's confessional statement was voluntarily made in compliance with the law. It concluded that the statement was recorded in the presence of a third party (the accused's parents) and without coercion, duress, or threats. The judge ordered the statement to be admitted into evidence, dismissing the defense's objections based on contradictory testimonies and the accused's apparent discomfort during trial.
Remedies
The court ruled that the accused's confessional statement was voluntary and ordered it to be admitted in evidence.
Legal Principles
The court applied the legal principles governing the admissibility of out-of-court confessions under the Evidence Act (Section 25A) and the Constitution (Article 49(4)). The judgment emphasizes that confessions are admissible only if made in the presence of a third party of the accused's choice, without coercion, and with proper cautioning. The court concluded the confession was voluntary and lawfully obtained, aligning with the Evidence (out of Court Confessions) Rules, 2009.
Cited Statute
- Evidence (out of Court Confessions) Rules, 2009
- Evidence Act
- Penal Code (Cap. 65 Laws of Kenya)
- Constitution of Kenya 2010
Judge Name
- S. N. Mutuku
- Hon. Lady Justice Florence Muchemi
Passage Text
- I find that the defence witnesses, the accused and his parents, were not entirely truthful to the court. They contradicted themselves as shown in this ruling and my observation of their demeanour led me to conclude that they were trying to conceal some facts from the court.
- I find that the law was followed in taking down the statement of the accused and whatever he told the police in that inquiry was not forced or coerced from him. He voluntarily, in the comfort of having both his parents present, gave the statement to the police. Consequently, I find that the statement was voluntary and order that it be admitted in evidence. It is so ordered.
- The record shows that both his parents were present when he was interrogated by the police and this definitely must have made him comfortable and free to answer the questions put to him without any duress. The requirement of section 25A (1) of the Evidence Act that the statement must be recorded in the presence of a third party of the suspect's choice was met.