[2019] KEHC 200 (KLR)
The court found that the prosecution's evidence, which relied on the accused's alleged communication with the deceased and the claim that he was the father of her unborn child, amounted only to suspicion and was not corroborated by any direct or circumstantial evidence linking the accused to the murder. The court...
Source-derived case information.
- Citation
- [2019] KEHC 200 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Oramisi
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2017
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- acquittal at close of prosecution case
- Judges
- KW Kiarie
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Oramisi
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether suspicion alone, without corroborative evidence, is sufficient to establish guilt in a murder charge.
Ratio Decidendi
The court found that the prosecution's evidence, which relied on the accused's alleged communication with the deceased and the claim that he was the father of her unborn child, amounted only to suspicion and was not corroborated by any direct or circumstantial evidence linking the accused to the murder. The court emphasized that suspicion, however strong, cannot substitute for proof beyond reasonable doubt. In the absence of evidence establishing a prima facie case, the accused could not be called upon to defend himself. Consequently, the court acquitted the accused under section 306(1) of the Criminal Procedure Code.
Court Disposition
acquittal at close of prosecution case
Orders
- The accused, Isaac Oramisi, is acquitted under section 306(1) of the Criminal Procedure Code and set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL CASE NO. 16 OF 2017
REPUBLIC..................................................... PROSECUTOR
VERSUS
ISAAC ORAMISI ................................................ACCUSED
RULING
1. Isaac Oramisi is charged with an offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars of the offence are that on the night of 25th day of July, 2017 at Chemasiri location in Busia County, murdered Diana Amucheri.
3. At the close of the prosecution case, I was urged to find that the prosecution had failed to establish a prima facie case against the accused person. The Court of Appeal in the case of Ramanlal Trambaklal Bhatt vs. Republic (1957) E.A. 332 at 335defined a prima facie case as follows:
It may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.
In the instant case, this is what I will endeavour to find if the prosecution established.
4. The evidence that connected the accused to the murder was twofold. One, was the fact that he was the last to communicate with the deceased and two, was that the deceased was expecting his child.
5. In the evidence of Lawrence Ipomai (PW1) was that they found the telephone number of the accused to have communicated with the deceased. This evidence however, did not indicate whether this was the last communication she had or was part of the people she had communicated with on that day. Communicating with a deceased person per se does not necessarily make one a killer. Evidence must be adduced to show that that communication was linked to the death and linked the accused person to the offence of murder. In the instant case, there was no evidence to show how this communication was relevant to the murder of the deceased, if any.
6. Prisca Akadikor Ochoo (PW1) is the mother of the accused. She testified that the deceased was expectant and it was alleged that the accused was the father of the child. On 21st April 2017 she had been escorted to her home due to the pregnancy. She stayed there for three days before her brother went and took her away.
7. It would appear that these two reasons were the basis of the suspicion against the accused. Suspicion however strong unless it is buttressed by some other evidence on record, is worthless. The court of Appeal in the case of Sawe vs. Republic [2003] KLR 354held:
Suspicion, however strong, cannot provide the basis of inferring guilt which must be proved by evidence beyond reasonable doubt.
8. In the instant case If the accused person opts to exercise his Constitutional right to remain silent, as provided for under Article 50 (2) (i) of the Constitution, no reasonable tribunal can convict from the evidence on record. This therefore, means that no prima facie case has been established against him. I accordingly acquit him under section 306 (1) of the Criminal Procedure Code and set him free unless if otherwise lawfully held.
DELIVEREDandSIGNEDatBUSIA this 11thdayof December, 2019
KIARIE WAWERU KIARIE
JUDGE