[2010] KEHC 3309 (KLR)
The court found that the prosecution failed to adduce any evidence against the accused, as no witnesses were called and no material was presented to establish the charge of murder. In the absence of any evidence linking the accused to the alleged offence, the court held that the prosecution had not established a...
Source-derived case information.
- Citation
- [2010] KEHC 3309 (KLR)
- Parties
- Applicant: Republic; Defendant: Antherim Angote
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2005
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder Charge, Burden of Proof, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Antherim Angote
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the accused should be acquitted under section 306 of the Criminal Procedure Code due to lack of evidence.
Ratio Decidendi
The court found that the prosecution failed to adduce any evidence against the accused, as no witnesses were called and no material was presented to establish the charge of murder. In the absence of any evidence linking the accused to the alleged offence, the court held that the prosecution had not established a prima facie case to require the accused to be put on his defence. Consequently, the accused was entitled to an acquittal under section 306 of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused, Antherim Angote, is acquitted under section 306 of the Criminal Procedure Code.
- The accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Criminal Case 43 of 2005
REPUBLIC..................................................................PROSECUTOR
V E R S U S
ANTHERIM ANGOTE..........................................................ACCUSED
R U L I N G
The accused is charged with murder contrary to section 203 of the Penal Code as read with section 204 of the same code. The particulars of the offence are that on the 30th day of October, 2005 at Lurambi Sichirai sub-location, in Kakamega District within Western Province, the accused, ANTHERIM ANGOTE, murdered ROSELINE WESA.
The accused was arraigned before this court on 29th December, 2005. Plea was taken on 16th January, 2006. The matter was listed for hearing on several occasions when the prosecution failed to produce any witness. The prosecution applied for the last adjournment on 8th September, 2009 and closed its case without calling any witness on 3rd December, 2009.
Since no evidence was adduced against the accused, I find that the prosecution has failed to prove its case against him. The accused is hereby acquitted under section 306 of the Criminal Procedure Code and shall be set at liberty unless otherwise lawfully held.
SAID J. CHITEMBWE
J U D G E
Delivered, dated and counter-signed by the Hon. Justice Isaac Lenaola at Kakamega this 10th day of March, 2010
ISAAC LENAOLA
J U D G E