[2013] KEHC 1802 (KLR)
The court found that the prosecution had failed to call any evidence or witnesses to establish the occurrence of death or the involvement of the accused in the alleged murder. Multiple adjournments were granted to the prosecution, but no satisfactory explanation was provided for the continued absence of witnesses,...
Source-derived case information.
- Citation
- [2013] KEHC 1802 (KLR)
- Parties
- Applicant: Republic; Defendant: Dorcas Mueni Morris
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 69 of 2011
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- LN Mutende
- Legal Topics
- Murder, Criminal Procedure, Acquittal, Failure to Call Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dorcas Mueni Morris
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 putting her on her defence.
- 2 Whether the absence of prosecution witnesses and evidence justified an acquittal under Section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had failed to call any evidence or witnesses to establish the occurrence of death or the involvement of the accused in the alleged murder. Multiple adjournments were granted to the prosecution, but no satisfactory explanation was provided for the continued absence of witnesses, especially as no by-elections were being held in the relevant constituency. As a result, the prosecution did not establish a prima facie case against the accused. In accordance with Section 306(1) of the Criminal Procedure Code, the court entered a finding of not guilty and acquitted the accused.
Court Disposition
acquittal
Orders
- The accused, Dorcas Mueni Morris, is acquitted under Section 306(1) of the Criminal Procedure Code.
- The accused is to be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
No. 108/2013
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 69 OF 2011
REPUBLIC ………………....……………………………..PROSECUTOR
VERSUS
DORCAS MUENI MORRIS...........................................................ACCUSED
RULING
Dorcas Mueni Morris hereinafter “the accused” was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63).
Particulars of the offence are that on the 9th day of September, 2011 at Emali Market, Emali location, Nzaui District within Makueni County murdered Yvonne Loko.
The accused was arraigned in court on the 18th November, 2011. When the case came up for hearing on the 20/3/2012, the case was adjourned because witnesses had not been bonded by the investigating officer.
The case came up next on the 16/5/2012. The State Counsel told the court that witnesses had been bonded but they were not in court. The investigation officer was also absent. The learned State counsel beseeched the court to grant them a last adjournment. The last adjournment was indeed granted. When the matter came up on 7th November, 2012 the case was not reached. On the 27th February, 2013 the case failed to proceed because witnesses were not bonded. The learned State counsel now sought a final adjournment which was indeed granted.
Today, Mr. Mwangi for the State claimed that the investigation officer was called to man the by-election exercise at Kibwezi. He was therefore not able to appear in court. The same applied to the witnesses. This is a case that was adjourned on the 27th February, 2013. Today’s date was later fixed by the Deputy Registrar on the 18th September, 2013. The prosecution failed to demonstrate why the witnesses were not in court. In rejecting the application, I noted that no by-elections are being held in Makueni Constituency. Consequently witnesses had no reason not to attend court.
From the foregoing, it is apparent that at the close of the case, the state had not called any evidence. Therefore there was no evidence of death having occurred. Further, there is no evidence that the offence of murder was committed by the accused.
In the premises I make a finding of not guilty in respect of the accused. Accordingly, she is acquitted pursuant to the provisions of Section 306(1) of the Criminal Procedure Code.
It is so ordered.
DATED, SIGNED andDELIVERED at MACHAKOSthis17TH day of OCTOBER, 2013
L.N. MUTENDE
JUDGE