[2011] KEHC 71 (KLR)
The court found that there was no evidence on record implicating the accused persons in the offence of murder. The prosecution failed to call any witness to testify against the accused persons by the close of its case. Consequently, the court held that the accused persons had no case to answer and acquitted them...
Source-derived case information.
- Citation
- [2011] KEHC 71 (KLR)
- Parties
- Applicant: Republic; Defendant: Danium Oluoch; Defendant: Leonard Irungu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2004
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- I Lenaola, LK Kimaru
- Legal Topics
- Murder, 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
Danium Oluoch
Defendant
Leonard Irungu
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 persons for the offence of murder.
- 2 Whether the accused persons should be put on their defence or acquitted at this stage.
Ratio Decidendi
The court found that there was no evidence on record implicating the accused persons in the offence of murder. The prosecution failed to call any witness to testify against the accused persons by the close of its case. Consequently, the court held that the accused persons had no case to answer and acquitted them under the law. The essential legal principle applied was that an accused cannot be called upon to defend themselves where the prosecution has not established a prima facie case, and the burden of proof remains with the prosecution throughout the trial.
Court Disposition
acquittal
Orders
- The accused persons are acquitted of the charge of murder.
- The accused persons shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Criminal Case 34 of 2004
REPUBLIC…………………………………………………..….…..…….……………….PROSECUTOR
VERSUS
DANIUM OLUOCH….………….……..…..……………….……….………………………1ST ACCUSED
LEONARD IRUNGU…………..……...……………………………………………………2ND ACCUSED
R U L I N G
1. The accused persons herein were jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on the night of 27th May 2004 at Malimuli Village, Ilegi Sub-Location within Kakamega District jointly with others not before the court, murdered Josephat Shitsama. They denied the charge and although G.B.M. Kariuki, J. took the evidence of a few witnesses with the aid of assessors, on 3rd November 2009, Chitembwe J. ordered the hearing to proceed de novo and by the time the State closed its case on 14th March 2011, no witness had testified against the accused persons..
2. There being no evidence on record, I find that the accused persons have no case to answer and they are acquitted of the charge of murder and they shall be ordered to be released forthwith unless they are otherwise lawfully held.
3. Orders accordingly.
I.LENAOLA
JUDGE
DELIVERED, DATED AND COUNTER-SIGNED BY L. KIMARU, JUDGE AT KAKAMEGA THIS 4TH DAY OF JULY, 2011
L. KIMARU
JUDGE