[2015] KEHC 4515 (KLR)
The court found that the evidence presented by the two principal witnesses was inconclusive as to the cause of death and the accused's responsibility. The post mortem indicated blunt force trauma as the cause of death, but the deceased's mother testified that the child could have fallen and had prior injuries,...
Source-derived case information.
- Citation
- [2015] KEHC 4515 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Ouma Ogalo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 109 of 2014
- Procedural Posture
- Criminal Case / Ruling on Withdrawal and Acquittal
- Outcome
- acquittal
- Judges
- DAS Majanja
- Legal Topics
- Murder Charge, Withdrawal of Prosecution, Acquittal, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Ouma Ogalo
Defendant
Procedural Posture
Criminal Case / Ruling on Withdrawal and Acquittal
Legal Issues
- 1 Whether the prosecution has adduced sufficient evidence to sustain a charge of murder against the accused.
- 2 Whether the prosecution should be granted leave to withdraw the case under Article 157(8) of the Constitution.
Ratio Decidendi
The court found that the evidence presented by the two principal witnesses was inconclusive as to the cause of death and the accused's responsibility. The post mortem indicated blunt force trauma as the cause of death, but the deceased's mother testified that the child could have fallen and had prior injuries, introducing reasonable doubt. Given the lack of sufficient evidence to sustain the charge of murder, and with no objection from the defence, the court granted the prosecution's application to withdraw the case under Article 157(8) of the Constitution. The accused was therefore acquitted and set at liberty unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The prosecution is granted leave to withdraw the case under Article 157(8) of the Constitution.
- The accused is acquitted of the charge of murder and is set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MIGORI
CRIMINAL CASE NO. 109 OF 2014
BETWEEN
REPUBLIC …............................................................................................ PROSECUTOR
AND
ERICK OUMA OGALO …................................................................................. ACCUSED
RULING
The accused, Erick Ouma Ogalo, was charged with the murder of his daughter Wendy Achieng' on 1st November, 2014 at Odongo ER Village, West Sakwa, Migori County. He pleaded not guilty and the trial commenced.
The court heard two witnesses. PW1 – Dr. Rua Sammy Mwatela, testified that he performed the post mortem and he concluded that the cause of death was as the result of cerebral oedema secondary to blunt force trauma on the head.
PW2, the deceased's mother MARY ANYANGO testified that the child, who was eight (8) months old, was learning to walk and she could have fallen and hit her head. She also testified that the child had been sick and had injuries before 1st November, 2014
In view of this inconclusive evidence, from the principal witnesses, Ms Owenga,learned prosecutor, applied to withdraw the case under Article 157 (8) of the Constitution.
As the defence counsel, Mr. Odero, does not object, I grant leave for the prosecution to withdraw the case.
In light of the evidence that I have heard from the two principal witnesses it is unlikely that any criminal charges can be sustained against the accused based on the facts. I therefore acquit him of the charge and he is now set free unless he is otherwise lawfully held.
Dated, signed and delivered in Open Court at Migori this 16th day of June, 2015
D. S. MAJANJA
JUDGE