[2013] KEHC 1513 (KLR)
The court found that the prosecution had failed to present sufficient evidence against the accused after multiple opportunities and adjournments. Only one witness had testified, and the prosecution was unable to secure the attendance of other witnesses. The court, having rejected further adjournments and with no...
Source-derived case information.
- Citation
- [2013] KEHC 1513 (KLR)
- Parties
- Respondent: Republic; Applicant: Kamami Mwinde
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2007
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- BT Jaden
- Legal Topics
- Murder Charge, Acquittal, Prosecution Failure, Adjournment of Hearing, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kamami Mwinde
Applicant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has adduced sufficient evidence to require the accused to be put on his defence.
- 2 Whether continued adjournments without securing witnesses justify dismissal of the prosecution case.
Ratio Decidendi
The court found that the prosecution had failed to present sufficient evidence against the accused after multiple opportunities and adjournments. Only one witness had testified, and the prosecution was unable to secure the attendance of other witnesses. The court, having rejected further adjournments and with no sufficient evidence on record, determined that there was no case to answer. Accordingly, the accused was acquitted under Section 306(1) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The prosecution case is dismissed.
- The accused is acquitted under Section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 59 OF 2007
REPUBLIC …………………………………………………… RESPONDENT
VERSUS
KAMAMI MWINDE ………………………… ACCUSED/APPLICANT
R U L I N G
The Accused, Kamami Mwinde, is charged with two counts of murder contrary to section 203 and section 204 of the Penal Code.
The particulars of the offence are that on the 31st day of August 2007 at Masesini Sub-Location in Kitui District within Eastern Province murdered Mavuti Matei.
The Accused was arraigned in court on 6/11/07. He pleaded not guilty.
This is the sixth year this case has been pending before this court. I am the sixth judge to preside over this trial. Only one witness testified on 23/11/10. The prosecution appears to have been unable to secure the attendance of their witnesses.
This court has accommodated the prosecution on all the three hearing dates fixed before me on 17/1/13, 24/4/2013 and 18/6/13 and allowed further adjournment but the prosecution was unable to secure the attendance of their witnesses.
Finally on 20/6/13 the court rejected any further applications for adjournment. The prosecution then stated that they “leave the matter to the court.”
The court cannot go out to bond witnesses. This is the prosecution case. Having rejected any further applications for adjournment and there being no sufficient evidence on record, I dismiss the prosecution case. The Accused is acquitted under Section 306 (1) of the Criminal Procedure Code.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 20thday of September 2013.
………………………………………
B. THURANIRA JADEN
JUDGE