Prosecutor v Michael Onyango Langwer [2017] KEHC 5258 (KLR)
- Citation
- [2017] KEHC 5258 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- EM Muchoki
- Case number
- Criminal Case 10 of 2012
- Language
- English
More details
- Court
- High Court
- Panel
- EM Muchoki
- Case number
- Criminal Case 10 of 2012
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there was no direct evidence that the accused killed the deceased or acted in concert with those who did. The only eyewitnesses arrived after the event, and the prosecution failed to call evidence as to the cause of death. The evidence suggested the crime was committed by a mob, not specifically by the accused. In the absence of evidence linking the accused to the unlawful act or establishing malice aforethought, the court held that the prosecution had not established a prima facie case to require the accused to defend himself. Accordingly, the accused was found not guilty and acquitted at this stage.
Court disposition
acquittal
Orders
- The accused is found not guilty and acquitted at this stage.
- The accused shall be released forthwith unless otherwise lawfully held.
02
Material facts
Parties
Republic
Applicant Counsel: Mr. MuiaMichael Onyango Langwer
Defendant Counsel: Mr. Odumbe holding brief for Mr. Omondi T03
Procedural history
Posture
Criminal Trial / Ruling on Whether Accused Has a Case to Answer Under Section 306(1) of the Criminal Procedure Code
04
Questions and positions
Legal issues
- 01
Whether there is sufficient evidence to require the accused to defend himself against the charge of murder.
- 02
Whether the prosecution has established a prima facie case against the accused under section 306(1) of the Criminal Procedure Code.
Party arguments
- Applicant
- The prosecution alleged that the accused murdered Michael Oduor Okaka on 29th June 2011 at Yiro West Sub-location, Ugunja District. The prosecution relied on the testimony of the deceased's daughter, who saw the accused at the scene with a club but did not witness him strike the deceased, and the widow, who arrived after the event and described the crime as committed by a mob.
- Respondent
- The defence denied the charge, arguing that there was no direct evidence linking the accused to the killing or showing that he acted with malice aforethought or in concert with the killers. The defence also highlighted the lack of evidence as to the cause of death and the absence of witnesses who saw the accused commit the act.
05
Court’s reasoning
Legal principles
- 01
Section 306(1) of the Criminal Procedure Code
A court must determine whether there is sufficient evidence to require an accused to be put on his defence at the close of the prosecution case.
- 02
Section 203 and 204 of the Penal Code
Proof of murder requires evidence of the accused's participation in the unlawful act and malice aforethought.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there was no direct evidence that the accused killed the deceased or acted in concert with those who did. The only eyewitnesses arrived after the event, and the prosecution failed to call evidence as to the cause of death. The evidence suggested the crime was committed by a mob, not specifically by the accused. In the absence of evidence linking the accused to the unlawful act or establishing malice aforethought, the court held that the prosecution had not established a prima facie case to require the accused to defend himself. Accordingly, the accused was found not guilty and acquitted at this stage.
Obiter and limits
- Despite numerous adjournments, the prosecution did not call evidence as to the cause of death.
- The crime appeared to have been committed by a mob, not by the accused individually.
Court disposition
acquittal
- The accused is found not guilty and acquitted at this stage.
- The accused shall be released forthwith unless otherwise lawfully held.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
HCCRC NO. 10 OF 2012
PROSECUTOR ….............................................. REPUBLIC
VERSUS
MICHAEL ONYANGO LANGWER ….................. ACCUSED
RULING
The accused is charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The Information states that on 29th June 2011 at Yiro West Sub-location, Ugunja District then within Nyanza Province he murdered Michael Oduor Okaka,the deceased.
He denied the charge and at this stage this Court is required – see Section 306(1) of the Criminal Procedure Code – to determine whether it is satisfied that he committed the offence so as to call upon him to defend himself.
Having considered the evidence adduced it is my finding that there is no evidence that the accused killed the accused let alone that it was of malice aforethought. The two witnesses, a daughter and widow of the deceased both arrived at the scene after the event and whereas the daughter (PW1) alleges to have seen the accused at the scene with a club, it was her evidence that she did not see him strike the deceased. From the evidence this heinous crime was committed by a mob – what the deceased's widow referred to as the people of Jolum. There appears to have been a fight between that clan and the deceased's clan because the Court heard that one Peter Odhiambo also died.
In the absence of direct evidence that the accused participated in the unlawful act that culminated in the death of the deceased or evidence that he acted in concert with the killers this Court is unable to conclude that he killed the deceased. Moreover despite numerous adjournments the prosecution did not call evidence as to the cause of death. In the premises I find the accused not guilty and acquit him at this stage. He shall be released forthwith unless otherwise lawfully held.
E. N. MAINA
JUDGE
30/5/2017
Ruling signed, dated and delivered in Open Court in presence of:-
Mr. Odumbe holding brief for Mr. Omondi T for the accused
Mr. Muia for State
Serah Sidera – Interpreter
Accused Person
INTERPRETATION: English/Kiswahili
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