[2015] KEHC 1113 (KLR)
The court found that the prosecution failed to adduce any direct or circumstantial evidence implicating the accused in the murder of the deceased. The testimonies of the prosecution witnesses did not link the accused to the crime, and the only potentially incriminating information was hearsay, which is inadmissible....
Source-derived case information.
- Citation
- [2015] KEHC 1113 (KLR)
- Parties
- Applicant: Republic; Defendant: Dorren Achieng Onyango
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2013
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Legal Topics
- Murder, Burden of Proof, Hearsay Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dorren Achieng Onyango
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the accused murdered the deceased.
- 2 Whether the evidence presented directly or circumstantially implicated the accused.
- 3 Whether hearsay evidence could be relied upon to convict the accused.
Ratio Decidendi
The court found that the prosecution failed to adduce any direct or circumstantial evidence implicating the accused in the murder of the deceased. The testimonies of the prosecution witnesses did not link the accused to the crime, and the only potentially incriminating information was hearsay, which is inadmissible. The prosecution's failure to call a key witness, Beatrice Achieng, further weakened their case. As a result, the court held that the prosecution had not proved its case beyond reasonable doubt and acquitted the accused.
Court Disposition
acquittal
Orders
- The accused, Dorren Achieng Onyango, is acquitted of the charge of murder.
- She is to be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL CASE NO. 20 OF 2013
REPUBLIC---------------------------------------- PROSECUTOR
VERSUS
DORREN ACHIENG ONYANGO----------------------ACCUSED
JUDGMENT
The outcome of this Trial may not answer the question whether and who may have murdered Joseph Sando (the Deceased).
Although Dorren Achieng Onyango (the Accused) faces the charge of murdering the Deceased on 27th November 2013 contrary to Section 203 as read with Section 204 of the Penal Code, none of the 5 (five) witnesses for the Prosecution gave evidence that implicated the Accused.
On 27th November 2013, Paul Ojiambo Ocholi (PW1) and Nelson Masiga (PW2) received information of the Death of the Deceased. PW1 is the father to the Deceased while PW2 is a brother. Both visited Busia District Hospital Mortuary where the body of the Deceased lay. On viewing the body, they noticed that it had a stab wound on the left hand side. Both identified the body to Dr. Patson Kubuta (PW4) who performed a Post Mortem examination on it.
The Post-Mortem examination revealed the following externally ,–
“A wide and deep penetrating injury in the left upper chest and lateral but anterior to the infra-clavicular area approximate dimension were 4cm x 2cm x 6cm. A blunt force injury on the stermal area was also noted. Small multiple bruise injuries were noted on the right knee.”
On the internal appearance to the body, the heart was pierced through and through and, the penetrating injury passed though the heart. The Doctor formed the opinion that the cause of death was “Hypovolaemic shock/Brain death/Cardiovascular collapse”
P.C. Raphael Kesei (PW3) received information of the attack of the Deceased through a telephone call of a member of public who the Police Officer could not identify. The Officer was told that a lady who had stabbed the Deceased had been arrested by members of the Public. Together with a colleague (Cpl. Kipkorir), PW3 re-arrested the Accused and escorted her to her house at Marachi Estate. Upon conducting a search there, they did not recover the Murder weapon. They then moved to the scene, where in a house they found a pool of blood. Again they were unable to recover any weapon.
Inspector Walter Onganja (PW5) was, on 27th November 2013, minuted to investigate the alleged Murder of the Deceased. He visited the scene in the company of some Police Officers who included PW3. At the doorstep to a house at Marachi Estate, they found blood stains on the ground. Inside the house was a pool of blood on the floor. A search for the “killer” weapon was in vain as none was found. This was the same in respect to a search at the house of the Accused.
From the above evidence none implicates the Accused person either directly or circumstantially. PW1 and PW2 told Court that one Beatrice Achieng who was a friend to the Deceased told them that she was with the Deceased when he met his tragedy. But Beatrice Achieng was not called by the Prosecution as a witness and her account to PW1 and PW2, however true it may be, is hearsay.
The only Decision I can reach is that the Prosecution has failed to prove its case against the Accused person. I hereby acquit her of the charges she faces. She is hereby set free unless detained for some other lawful cause.
Dated, signed and delivered at Busia this 24th day of November 2015.
F. TUIYOTT
J U D G E
In the presence of :-
Oile – Court Assistant
………………………….for State
………………………… for the Accused