[2017] KEHC 5294 (KLR)
The court found that the prosecution had not called any witnesses or presented any evidence to establish a prima facie case against the accused. In the absence of any evidence, the accused could not be called upon to make a defence. The court therefore entered a verdict of not guilty and acquitted the accused,...
Source-derived case information.
- Citation
- [2017] KEHC 5294 (KLR)
- Parties
- Applicant: Republic; Defendant: Felix Odhiambo Ngesa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 95 of 2014
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Prosecution Failure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Felix Odhiambo Ngesa
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be put on his defence in the absence of any prosecution evidence.
Ratio Decidendi
The court found that the prosecution had not called any witnesses or presented any evidence to establish a prima facie case against the accused. In the absence of any evidence, the accused could not be called upon to make a defence. The court therefore entered a verdict of not guilty and acquitted the accused, ordering his immediate release unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINALCASE NO. 95 OF 2014
REPUBLIC................................................................................................STATE
VERSUS
FELIX ODHIAMBO NGESA................................................................ACCUSED
JUDGMENT
The accused FELIX ODHIAMBO NGESA has been charged with the Offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The accused was first arraigned before the High Court in Nakuru on 15th September, 2014. From that date the prosecution failed to avail even a single witness to testify in this case. Several adjournments were granted and on 15th June, 2016 the court granted to the prosecution a last adjournment. Even then no witness was availed.
The prosecution finally closed their case on 17th February, 2017 (three (3) year after the case began) without calling a single witness to testify. There was not even an attempt to prove a prima facie case. I find that the accused has no case to answer. I enter a verdict of ‘Not Guilty’ and I acquit the accused of this charge of murder. The accused is to be set at liberty forthwith unless he is otherwise lawfully held.
Dated and Delivered in Nakuru this 24th day of February, 2017.
Ms Chemngetich holding brief of Mr. Orege.
Maureen A. Odero
Judge