R. v. Rutema Nzungu, Crim. Sass. 87-M-67, 1/11/67, Mustafa J

R. v. Rutema Nzungu, Crim. Sass. 87-M-67, 1/11/67, Mustafa J

Accused was charged with murder. The deceased was stabbed about midnight in an unlit room. Another person who was sleeping in the room and deceased’s mother, who lived nearby, both testified that they were awakened by the cry of the deceased that “It is Rutema Nzungu who has killed me.” Both witnesses also testified that they recognized accused as he was running away. Accused presented witnesses who supported his alibi, that he was in a drunken sleep in his own house on the night of the killing.

            Held: (1) It is a rule of practice that there must be corroboration of a dying declaration. [Citing Okethi Okale & others v. R., (1965) E.A. 555, 558.] In the present case it seems unlikely that either the deceased or the other witnesses had adequate opportunity to recognize accused and there is no adequate corroboration. (3) There is no onus on the accused to prove an alibi. All he need do is raise a reasonable doubt. [Citing Leonard Aniseth v. R., (1963) E.A. 206]. Here accused has raised more than a reasonable doubt. Accused acquitted.