[2008] KEHC 3103 (KLR)
The court found that the prosecution failed to call any witnesses or adduce any evidence to support the charge of murder against the accused. As a result, there was no evidence before the court to establish a prima facie case. Without such evidence, the court could not call the accused to his defence. The burden of...
Source-derived case information.
- Citation
- [2008] KEHC 3103 (KLR)
- Parties
- Applicant: Republic; Defendant: James Kimani Kithinji
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2007
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Kimani Kithinji
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the accused is guilty of the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution failed to call any witnesses or adduce any evidence to support the charge of murder against the accused. As a result, there was no evidence before the court to establish a prima facie case. Without such evidence, the court could not call the accused to his defence. The burden of proof lies with the prosecution, and in the absence of any evidence, the information and particulars of the charge remained unsupported. Consequently, the accused was found not guilty and acquitted.
Court Disposition
acquittal
Orders
- The accused is found not guilty as charged and is acquitted.
- The accused shall be set at liberty forthwith unless otherwise legally held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
Criminal Case 2 of 2007
REPUBLIC:……………………………..……………STATE
VERSUS
JAMES KIMANI KITHINJI:……………………ACCUSED
JUDGEMENT
JAMES KIMANI KITHINJI, the accused herein, is charged with the offence of murder contrary to S.203 as read with section 204 of the Penal Code in that on the night of 11th and 13th November 2006 at Kaboswa Tea Estate within Nandi Hills he murdered VERITA WANJIKU.
The prosecution closed its case without calling any witnesses. I therefore find there is absolutely no evidence to support the information and the particulars of the information. The accused, when he first appeared in court and the information and particulars were read to him, denied committing the offence and he continues to do so to date. It was upon the prosecution to adduce evidence to support the information but this they did not do despite the court giving them ample time to do so.
I therefore find the information and the particulars are unsupported. There is no evidence to prove a prima facie case to warrant the court call the accused to his defence. Consequently I find accused not guilty as charged and acquit him. Accused be set at liberty forthwith unless otherwise legally held.
Dated and Delivered at Eldoret on 26th day of February,2008.
KABURU BAUNI
JUDGE
DELIVERED IN PRESENCE OF:-
C/C - David
Mr. Omutelema for state
Mr. Kipnyekwei for Accused person.