[2011] KEHC 3725 (KLR)
The court found that the prosecution failed to present any evidence against the accused despite numerous opportunities and adjournments. As a result, there was no evidence before the court to establish a prima facie case of murder against the accused. In accordance with the law, the accused could not be called upon...
Source-derived case information.
- Citation
- [2011] KEHC 3725 (KLR)
- Parties
- Applicant: Republic; Defendant: David Obwaka
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2005
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder Charge, Criminal Procedure, Acquittal, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Obwaka
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution presented sufficient evidence to establish a prima facie case against the accused for murder.
- 2 Whether the accused should be put on his defence in the absence of prosecution evidence.
Ratio Decidendi
The court found that the prosecution failed to present any evidence against the accused despite numerous opportunities and adjournments. As a result, there was no evidence before the court to establish a prima facie case of murder against the accused. In accordance with the law, the accused could not be called upon to make a defence in the absence of any prosecution evidence. The court therefore acquitted the accused and ordered his release unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused shall be released unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE REPUBLIC OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 15 OF 2005
REPUBLIC
VERSUS
DAVID OBWAKA....................................................ACCUSED
RULING
1. The accused person herein, David Obwaka, was charged with the offence of murder contrary to S.203 as read with S.204 of the Penal Code. It was alleged that on 28. 3.2005 at Emakunda village, Emusire Sub-location, Central Bunyore Location in Vihiga District of the Western Province, he murdered Ibrahim Opati.
2. He was first arraigned in court on 30. 6.2005 but only took plea on 11. 7.2005 and on that day he denied the offence. The hearing dates were set for 13th and 14th March, 2006 but on the dates, no witness was produced by the State and on 14. 3.2006 although 4 witnesses were present, the matter could not be reached. On 25. 10. 2006, two assessors were absent and although there were 5 witnesses, the matter was adjourned to 26. 10. 2006 but again assessors were absent. Thereafter although the matter was listed for hearing on more than 13 occasions, not once did it proceed to trial and on 21. 9.2010, I granted the State the last adjournment but after that on 1. 11. 2010, and 17. 11. 2010, no witness was produced and on the latter date, the case was closed.
3. The effect is that there is no evidence whatsoever, placed before this court and that being the case, no case has been made out to warrant the accused being put on his defence. He has no case to answer and is acquitted. He can be released unless he is otherwise lawfully held.
4. Orders accordingly.
Delivered, dated and signed at Kakamega this 3rd day of March, 2011.
ISAAC LENAOLA
J U D G E