[2018] KEHC 7827 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused, as no evidence was adduced to prove the death of the alleged victim, Sammy Oricho Juma. The prosecution's inability to produce the postmortem report or call witnesses to confirm the death meant that a key element of the...
Source-derived case information.
- Citation
- [2018] KEHC 7827 (KLR)
- Parties
- Applicant: Republic; Defendant: Isack Onyango Oginga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 59 of 2014
- Procedural Posture
- Murder Trial / Ruling at Close of Prosecution Case
- Outcome
- Accused acquitted at close of prosecution case for lack of evidence.
- Judges
- TW Cherere
- Legal Topics
- Murder Offence, Burden of Proof, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isack Onyango Oginga
Defendant
Procedural Posture
Murder Trial / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case to warrant the accused being put on his defence.
- 2 Whether the prosecution proved the death of Sammy Oricho Juma.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused, as no evidence was adduced to prove the death of the alleged victim, Sammy Oricho Juma. The prosecution's inability to produce the postmortem report or call witnesses to confirm the death meant that a key element of the offence of murder was not established. Consequently, there was no sufficient evidence to require the accused to be put on his defence, and he was acquitted under Section 210 of the Criminal Procedure Code.
Court Disposition
Accused acquitted at close of prosecution case for lack of evidence.
Orders
- The accused is released under Section 210 of the Criminal Procedure Code unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MURDER NO.59 OF 2014
REPUBLIC………………............PROSECUTOR
VERSUS
ISACK ONYANGO OGINGA….........ACCUSED
R U L I N G
1. The accused person is charged with the Offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on the2nd December, 2013, he one murdered Sammy Oricho Juma
In establishing their case the state called 2 witnesses whose evidence can be summarised as follows:
2. PW1 Dr. RukiaAksamtestified on 14th June, 2017 but was stepped down because the state did not have the deceased’s postmortem..
3. PW2 Sgt Samson Onyingerecalled that he arrested accused on 16th September, 2014 on instructions from OCS Awasi Police Station.
4. At the close of the prosecution case, the state did not avail any evidence to prove death of Sammy Oricho Juma. The state counsel variously failed to avail witnesses on the ground that they had become difficult.
5. In the premises, I am persuaded that there is no sufficient evidence to warrant this court to put the accused person on his defence.
6. Consequently the accused is hereby released under the provisions of Section 210 of the Criminal Procedure Code unless lawfully held. Orders accordingly.
DATED, SIGNED AND DELIVERED THIS8thDAY OFMarch, 2018
T. W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistants- Felix and Carolyne
Accused -Present
For accused – Ms Alinaitwe/Odhiambo
For the State – Ms Wafula