[2009] KEHC 423 (KLR)
The court found that the prosecution had failed to produce any evidence or witnesses against the accused despite multiple opportunities. As there was not an iota of evidence to establish a prima facie case of murder against David Kipkurui Cheruiyot, the court held that he had no case to answer. Accordingly, the...
Source-derived case information.
- Citation
- [2009] KEHC 423 (KLR)
- Parties
- Appellant: David Kipkurui Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 121 of 2007
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder Charge, Acquittal, No Case to Answer, Criminal Procedure, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kipkurui Cheruiyot
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has adduced any evidence to establish a prima facie case against the accused for the charge of murder.
- 2 Whether the accused should be acquitted under Section 306(1) of the Criminal Procedure Code due to lack of evidence.
Ratio Decidendi
The court found that the prosecution had failed to produce any evidence or witnesses against the accused despite multiple opportunities. As there was not an iota of evidence to establish a prima facie case of murder against David Kipkurui Cheruiyot, the court held that he had no case to answer. Accordingly, the accused was acquitted under Section 306(1) of the Criminal Procedure Code and ordered to be set free unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused, David Kipkurui Cheruiyot, is acquitted under Section 306(1) of the Criminal Procedure Code.
- The accused shall be set free forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Case 121 of 2007
DAVID KIPKURUI CHERUIYOT……………...APPELLANT
VERSUS
REPUBLIC……………………………………...RESPONDENT
RULING
DAVID KIPKURUI CHERUIYOT, the accused is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge against him are that on 9th December 2007 at Olekuseroi Village in Narok District within Rift Valley Province he murdered Kekanya Cheruiyot.
Although the case has come up for hearing about 8 times, the prosecution has not been able to avail even one witness. When it last came for hearing on 2nd December 2009 Mr. Gumo threw in the towel and said he is unable to secure the attendance of the witnesses. So there is not an iota of evidence against the accused. In the circumstances I find that the accused has no case to answer and I accordingly acquit him under Section 306(1) of the Criminal Procedure Code and order that he shall be set free forthwith unless otherwise lawfully held.
DATED and delivered this 3rd day of December, 2009.
D. K. MARAGA
JUDGE.