[2019] KEHC 10898 (KLR)
The court found that the prosecution, having closed its case without calling any witnesses or adducing any evidence, failed to establish a prima facie case against the accused. In the absence of any evidence implicating the accused in the offence of murder, there was no basis to require the accused to be placed on...
Source-derived case information.
- Citation
- [2019] KEHC 10898 (KLR)
- Parties
- Applicant: Republic; Defendant: Juma Kitsao Baya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2012
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Prosecution Closed Its Case Without Calling Any Witnesses
- Outcome
- acquittal
- Judges
- DO Chepkwony
- Legal Topics
- Murder Charge, Prosecution Failure, No Case to Answer, Acquittal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Juma Kitsao Baya
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Prosecution Closed Its Case Without Calling Any Witnesses
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant being placed on his defence.
- 2 Whether the accused should be acquitted where the prosecution fails to call any witnesses or adduce evidence.
Ratio Decidendi
The court found that the prosecution, having closed its case without calling any witnesses or adducing any evidence, failed to establish a prima facie case against the accused. In the absence of any evidence implicating the accused in the offence of murder, there was no basis to require the accused to be placed on his defence. The only lawful course was to acquit the accused under Section 306(1) of the Criminal Procedure Code. The court accordingly acquitted the accused person of the charge of murder.
Court Disposition
acquittal
Orders
- The accused person, Juma Kitsao Baya, is acquitted of the charge of murder.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Baya (Criminal Case 1 of 2012) [2019] KEHC 10898 (KLR) (15 March 2019) (Ruling)
Neutral citation: [2019] KEHC 10898 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 1 of 2012
DO Chepkwony, J
March 15, 2019
Between
Republic
Prosecutor
and
Juma Kitsao Baya
Accused
Ruling
1. The accused person, Juma Kitsao Baya, is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.The particulars of the charge being that:-“On the night of 2nd and 3rd day of January, 2012 at Palakumi Location in Ganze District within Kilifi County, the accused person murdered Shida Charo Ziro”.
2. The accused person was first arraigned in court on January 4, 2012 on which day he was referred for Psychiatrist examination and the Deputy registrar of this court directed to assign him counsel.
3. The accused person took plea on January 30, 2012 and a plea of not guilty was entered against him.
4. The hearing of this case commenced on May 10, 2012 before Justice Grace Nzioka and seven (7) witnesses testified. The matter was then taken over by Justice Maureen Odero and on June 26, 2013 an order issued on the matter to start de novo. Since then, no witnesses were ever availed before this court to testify despite the prosecution having been granted several adjournments.
5. Today. The prosecution has applied for an adjournment and the same has been objected to by the defence counsel on the grounds that the case is old, being a 2012 case and also that the prosecution have failed to avail witnesses despite having been given many chances to do so. The court upheld the defence counsel’s objection and declined to grant the prosecution an adjournment. This led to the prosecution closing their case.
6. The defence has submitted that since the prosecution has closed their case without calling any witness, the accused person should be acquitted.
7. It is my finding that the prosecution has closed their case without calling any witness or adducing any evidence before this court to prove the charge against the accused person, who faces a charge of Murder.
8. In the circumstances, I find that the prosecution having failed to call any witness or adduce any evidence against the accused person for the offence of Murder, a case has not been established to warrant the accused person be placed on defence and I proceed to acquit him accordingly.Orders accordingly.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF MARCH, 2019. D. O. CHEPKWONYJUDGEIn the presence of;M/S Ocholla for the StateM/S Chala for accusedCourt Assistant - Beja