[2025] KEHC 7177 (KLR)

[2025] KEHC 7177 (KLR)

The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was primarily hearsay, with none of the witnesses able to place the accused at the scene of the crime or directly link him to the offence. The only potentially incriminating evidence was based on reports from individuals who did not testify, rendering the circumstantial evidence weak and unreliable. As such, the court held that there was no evidence upon which a reasonable tribunal could convict the accused if he chose to remain silent. Consequently, the accused was acquitted under section 306(1) of the Criminal Procedure Code on a finding of not guilty.

Citation
[2025] KEHC 7177 (KLR)
Parties
Applicant: Republic; Defendant: Mariko Okodet
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Criminal Case E015 of 2024
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Outcome
acquittal
Judges
WM Musyoka
Legal Topics
Murder, Prima Facie Case, Circumstantial Evidence, Acquittal, Hearsay Evidence
Source Language
English
Criminal Law Murder Prima Facie Case Circumstantial Evidence Acquittal Hearsay Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Mariko Okodet

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused for the offence of murder.
  2. 2 Whether the available evidence, including circumstantial and hearsay, was sufficient to require the accused to be placed on his defence.

Ratio Decidendi

The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was primarily hearsay, with none of the witnesses able to place the accused at the scene of the crime or directly link him to the offence. The only potentially incriminating evidence was based on reports from individuals who did not testify, rendering the circumstantial evidence weak and unreliable. As such, the court held that there was no evidence upon which a reasonable tribunal could convict the accused if he chose to remain silent. Consequently, the accused was acquitted under section 306(1) of the Criminal Procedure Code on a finding of not guilty.

Court Disposition

acquittal

Orders

  • The accused, Mariko Okodet, is acquitted of the murder of Laumua Lucia under section 306(1) of the Criminal Procedure Code.
  • The accused shall be set free from remand custody unless otherwise lawfully held.