[2024] KEHC 6234 (KLR)
The court found that the prosecution had failed to call any witnesses or adduce any evidence against the accused for nearly five years since the charge was instituted. Despite the matter being listed for hearing on multiple occasions, no witnesses appeared, and there was no evidence of any effort to bond them. In...
Source-derived case information.
- Citation
- [2024] KEHC 6234 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Defendant: Samson Kilemi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 88 of 2019
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- TW Cherere
- Legal Topics
- Murder, Criminal Procedure, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Samson Kilemi
Defendant
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 offence of murder.
- 2 Whether the accused should be acquitted under Section 306(1) of the Criminal Procedure Code due to lack of prosecution witnesses.
Ratio Decidendi
The court found that the prosecution had failed to call any witnesses or adduce any evidence against the accused for nearly five years since the charge was instituted. Despite the matter being listed for hearing on multiple occasions, no witnesses appeared, and there was no evidence of any effort to bond them. In the absence of any evidence to support the charge of murder, the court held that the accused could not be called upon to make a defense. Accordingly, under Section 306(1) of the Criminal Procedure Code, the accused was found not guilty and acquitted of the charge of murder.
Court Disposition
acquittal
Orders
- The accused, Samson Kilemi, is found not guilty of murder under Section 306(1) of the Criminal Procedure Code.
- The accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Director of Public Prosecutions v Kilemi (Criminal Case 88 of 2019) [2024] KEHC 6234 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6234 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 88 of 2019
TW Cherere, J
May 16, 2024
Between
Director of Public Prosecutions
Prosecutor
and
Samson Kilemi
Accused
Ruling
1. Samson Kilemi (Accused) was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that he murdered one Stella Kabirithu Jacob on 17th October, 2029 Accused denied committing the offence.
2. Accused was arraigned before the court on 22nd November, 2019. For close to 5 years since Accused was charged, no witness has been availed to testify against him.
3. This matter was listed for hearing on the 14th and 15th May, 2024. On both occasions, not a single witness appeared and there was no evidence that any effort had been made to bond them.
4. Justice delayed is justice denied and prosecution not having availed any witness, the court has no option than to find that it has lost interest in the case.
5. There being no evidence against Accused, he is found not guilty of murder under the provisions of Section 306(1) of the Criminal Procedure Code Cap 75 Laws of Kenya.
6. Accused shall be set at liberty unless otherwise lawfully held.
DELIVERED AT MERU THIS 16th DAY OF May 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Ms. Nelima AdvocateFor DPP - Ms. Rita Rotich (PC 1)