[2017] KEHC 5258 (KLR)

[2017] KEHC 5258 (KLR)

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.

Citation
[2017] KEHC 5258 (KLR)
Parties
Applicant: Republic; Defendant: Michael Onyango Langwer
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 May 2017
Case Number
Criminal Case 10 of 2012
Procedural Posture
Criminal Trial / Ruling on Whether Accused Has a Case to Answer Under Section 306(1) of the Criminal Procedure Code
Outcome
acquittal
Judges
EM Muchoki
Legal Topics
Murder, Malice Aforethought, Standard of Proof, No Case to Answer
Source Language
English
Criminal Law Murder Malice Aforethought Standard of Proof No Case to Answer

Case Brief

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Parties

Republic

Applicant

Michael Onyango Langwer

Defendant

Procedural Posture

Criminal Trial / Ruling on Whether Accused Has a Case to Answer Under Section 306(1) of the Criminal Procedure Code

Legal Issues

  1. 1 Whether there is sufficient evidence to require the accused to defend himself against the charge of murder.
  2. 2 Whether the prosecution has established a prima facie case against the accused under section 306(1) of the Criminal Procedure Code.

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.

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.