[2015] KEHC 5894 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was largely hearsay, with none of the witnesses providing direct or corroborated testimony linking the accused to the murder. Key eyewitnesses did not testify, and the court noted the likelihood...
Source-derived case information.
- Citation
- [2015] KEHC 5894 (KLR)
- Parties
- Applicant: Republic; Defendant: Aggrey Onyango Pita
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2011
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- HI Ong'udi
- Legal Topics
- Murder, Standard of Proof, Hearsay Evidence, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Aggrey Onyango Pita
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case to require the accused to be put on his defence.
- 2 Whether the evidence adduced connected the accused to the murder of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was largely hearsay, with none of the witnesses providing direct or corroborated testimony linking the accused to the murder. Key eyewitnesses did not testify, and the court noted the likelihood that they had been threatened or influenced not to appear. In the absence of credible and direct evidence, the court held that it would be futile to place the accused on his defence, as the evidence would not sustain a conviction even if the accused remained silent. Consequently, the accused was acquitted under Section 306(2) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused is acquitted under Section 306(2) of the Criminal Procedure Code.
- The accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 15 OF 2011
REPUBLIC...................................................PROSECUTOR
VERSUS
AGGREY ONYANGO PITA...................................ACCUSED
R U L I N G
1. The State closed it's case yesterday (26th March, 2015) after calling six(6) witnesses.
The accused faces a charge of Murder contrary to Section 203 as read withSection 204of the Penal Code. The particulars being that the accused on 20th day of March, 2011 at Mjini area of Kericho District within the Rift Valley Province murdered Abdi Aboko.
2. PW6(Doctor Koskei Edwin) produced the postmortem report on behalf of Doctor Kibet Shukuku. The cause of death was severe extradural haematoma and pneumonia due to loss of blood.
3. The evidence of PW1 – PW5 was all hearsay evidence. None of these five (5) witnesses witnessed anything that connected the accused with the death of the deceased. None of the evidence by the five(5) witnesses in relation to the person who caused the fatal injuries was corroborated at all.
4. The prosecution is on record as complaining of frustration by witnesses who recorded statements and have disappeared not to be traced.
Some of the witnesses whom the court issued witness summons for were;
(i) Dennis Shem
(ii) Kevin Omondi
These were eye witnesses to this incident.
5. There are those witnesses who broke into the house to rescue the deceased. The assailant was known and was pulled out of the said house. None of the said witnesses testified before this court.
6. It is obvious that these potential witnesses were threatened and/or influenced and so disappeared and others did not want to come out and state what they witnessed.
7. The deceased met a painful death but with the evidence before the court it would be an exercise in futility to place the accused on his defence. If he elected to remain silent the evidence before this court would not be sufficient to sustain a conviction. I find the prosecution case not proved for me to place the accused on his defence. For my part I find him not guilty and acquit him under Section 306(2) of the Criminal Procedure Code. Orders accordingly.
Dated, signed and delivered this 27th day of March, 2015
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Kivali for State
Mr. Ngetich for accused
Accused
Lagat – Court Assistant
Interpretation – English/Kiswahili