[2015] KEHC 3092 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. The key witnesses did not implicate the accused in the murder, and there was no evidence of her participation in the assault or proof of common intention with the assailants. The fact that she was spared and left with...
Source-derived case information.
- Citation
- [2015] KEHC 3092 (KLR)
- Parties
- Applicant: Republic; Defendant: Daisy Jerop Chesum
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2013
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- J Karanja
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Common Intention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daisy Jerop Chesum
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 her being placed on her defence.
- 2 Whether the evidence adduced implicated the accused in the murder of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The key witnesses did not implicate the accused in the murder, and there was no evidence of her participation in the assault or proof of common intention with the assailants. The fact that she was spared and left with the attackers was insufficient to link her to the offence. The court concluded that there was no evidence upon which a reasonable tribunal could convict the accused, and therefore, she was acquitted under the provisions of the law.
Court Disposition
acquittal
Orders
- The accused, Daisy Jerop Chesum, is acquitted of the charge of murder and set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL CASE NO. 14 OF 2013
REPUBLIC …........................................ PROSECUTOR
VERSUS
DAISY JEROP CHESUM …...................... ACCUSED
R U L I N G
1. The accused, Daisy Jerop Chesum,was charged with murder, contrary to S.203 as read with S.204 of the Penal code, in that on the 22nd April 2013 at Kipkundur village Kapcherop Elgeyo Marakwet County, jointly with others not before court murdered Sammy Kiplimo Cherono.
The case for the prosecution was based on the evidence led by Kipsor Kandie (PW1), Benjamin Kiplagat Maiyo (PW2), Dr. Odhiambo Edward (PW3) and PC James Kiarie (PW4).
2. At the close of its case, the prosecution was required to establish a 'prima facie' case to warrant that the accused be placed on her defence. Such a case is one in which a reasonable court properly directing its mind to the law and the evidence before it would convict if no evidence is led by the defence.
3. Herein, the supposedly key witness were Kandie (PW1) and Maiyo (PW2) but they did not implicate the accused with the offence other than saying that she was in their company aboard a motor vehicle when they were waylaid and attacked by thugs who beat them up while sparing the accused with whom they left with the motor cycle thereafter. Dr. Odhiambo (PW3) merely produced the post mortem report to show that the deceased died from severe head injury due to assault. PC Kiarie (PW 4) merely suspected the accused and charged her on the basis that she rode away with the thugs and reported the mater to the police later.
The evidence foregoing did not and was not capable of establishing the material ingredients of the charge against the accused. She was not with the thugs at the time of the attack but with the victims. She did not participate in the assault meted out against the victims including the deceased by the thugs. The fact that she was spared the beatings and rode away with the thugs for her to later report the matter to the police was not sufficient evidence to implicate her with the offence. There was absolutely nothing to show that she and the thugs had a common intention to assault, rob and kill the deceased.
Consequently, it cannot be held by this court that the prosecution has established a prima facie case to warrant that the accused be placed in her defence. She does not therefore have a case to answer and is hereby acquitted and set at liberty unless otherwise lawfully held.
Ordered accordingly.
J. R. KARANJA
JUDGE
23. 07. 2015
Read and signed this 23rd day of July 2015.
In the presence of Mr. Tigogo for accused and Mr. Kakoi for state.