[2017] KEHC 8077 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused persons. There was no eyewitness testimony or direct evidence linking any of the accused to the murder of the deceased. Furthermore, the prosecution did not adduce any evidence to suggest the presence of mens rea on the...
Source-derived case information.
- Citation
- [2017] KEHC 8077 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Barsa Namisi; Defendant: Nicholas Wkanusu; Defendant: Jack Juma; Defendant: Abraham Echekan Elim; Defendant: Marko Eyanae Ewyi
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2013
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
- Outcome
- acquittal at close of prosecution case under Section 210 of the Criminal Procedure Code
- Judges
- HK Chemitei
- Legal Topics
- Murder, Standard of Proof, No Case to Answer, Mens Rea
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Barsa Namisi
Defendant
Nicholas Wkanusu
Defendant
Jack Juma
Defendant
Abraham Echekan Elim
Defendant
Marko Eyanae Ewyi
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case to warrant putting the accused on their defence.
- 2 Whether there was sufficient evidence linking the accused to the offence of murder.
- 3 Whether the prosecution proved the element of mens rea against the accused.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused persons. There was no eyewitness testimony or direct evidence linking any of the accused to the murder of the deceased. Furthermore, the prosecution did not adduce any evidence to suggest the presence of mens rea on the part of the accused, either jointly or severally. In the absence of such evidence, it would be inappropriate and contrary to law to require the accused to enter their defence. Accordingly, the court acquitted all accused persons under Section 210 of the Criminal Procedure Code.
Court Disposition
acquittal at close of prosecution case under Section 210 of the Criminal Procedure Code
Orders
- All accused persons are acquitted of the charge of murder and are to be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL CASE NO 3 OF 2013
(Consolidated with Cr Nos 53 & 54 of 2012)
REPUBLIC …...................................................PROSECUTOR
VERSUS
1. DANIEL BARSA NAMISI …........................1ST ACCUSED
2. NICHOLAS WKANUSU...............................2ND ACCUSED
3. JACK JUMA...............................................3RD ACCUSED
4. ABRAHAM ECHEKAN ELIM......................4TH ACCUSED
5. MARKO EYANAE EWYI...............................5TH ACCUSED
RULING
The accused were charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the night of 23rd December 2012 at Kitalale village within Trans Nzoia County jointly murdered Wilson Nyongesa Wafula.
The accused denied the offence. The prosecution called 3 witnesses.
PW1, the doctor produced the postmortem report which shows that the deceased died as a result of strangulation.
PW2 identified the deceased body during postmortem exercise. PW3 arrested the accused persons.
The prosecution after several adjournments closed its case.
The evidence on record so far does not indicate that there was an eye witness to the incident. There was no evidence to suggest any mens rea on the part of the accused person either jointly or severally.
As clearly submitted by the accused counsel it would be inappropriate to put them on their defence. The prosecution did not establish the charge against the accused and they are hereby set free unless lawfully held under the provisions of Section 210 of the Criminal procedure Code.
Delivered this 25th day of January 2017.
_________________
H.K. CHEMITEI
JUDGE
In the presence of:
Kakoi for state
Ingosi for 2-3 accused
Tigogo for 4-5 accused
All accused persons – present
Kirong – Court Assistant