[2024] KEHC 15860 (KLR)
The court found that the prosecution had failed to adduce any evidence regarding the circumstances leading to the death of Thomas Obulinji Okwach alias Abel (Count I), and therefore acquitted all accused persons on that count. For Count II, the court found that a prima facie case had been established against Accused...
Source-derived case information.
- Citation
- [2024] KEHC 15860 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Maende Omukhuba alias Timo; Defendant: Canary Osale alias Sulu; Defendant: Harron Anaminyi; Defendant: Moses Mwinami Otiende alias Mosee
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Partial acquittal and order to place some accused on their defence.
- Judges
- AC Bett
- Legal Topics
- Murder Trial, Prima Facie Case, Acquittal, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Maende Omukhuba alias Timo
Defendant
Canary Osale alias Sulu
Defendant
Harron Anaminyi
Defendant
Moses Mwinami Otiende alias Mosee
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether there is sufficient evidence to place the accused persons on their defence for the charges of murder.
- 2 Whether any of the accused should be acquitted at this stage.
Ratio Decidendi
The court found that the prosecution had failed to adduce any evidence regarding the circumstances leading to the death of Thomas Obulinji Okwach alias Abel (Count I), and therefore acquitted all accused persons on that count. For Count II, the court found that a prima facie case had been established against Accused 1, 3, and 4, as several witnesses placed them at the scene of the attack on Stephen Okwomi Ashibende. However, there was no evidence connecting Accused 2 to the killing of Stephen Okwomi Ashibende, and he was acquitted on Count II as well. The court accordingly placed Accused 1, 3, and 4 on their defence for Count II and ordered the immediate release of Accused 2 unless...
Court Disposition
Partial acquittal and order to place some accused on their defence.
Orders
- All accused persons are acquitted on Count I for lack of evidence.
- Accused 1, 3, and 4 are found to have a case to answer on Count II and are placed on their defence.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Omukhuba & 3 others (Criminal Case 14 of 2018) [2024] KEHC 15860 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15860 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 14 of 2018
AC Bett, J
December 4, 2024
Between
Republic
Prosecutor
and
Francis Maende Omukhuba alias Timo
1st Accused
Canary Osale alias Sulu
2nd Accused
Harron Anaminyi
3rd Accused
Moses Mwinami Otiende alias Mosee
4th Accused
Ruling
1. I have considered the evidence adduced by the Prosecution. Several witnesses place Accused 1, 3 and 4 at the scene where the deceased Stephen Okwomi Ashibende was beaten and tied to a motor cycle before being dragged away. He was subsequently found dead.
2. No evidence whatsoever was led in respect to the circumstances that led to the death of Thomas Obulinji Okwach Alias Abel.
3. Additionally, none of the witnesses connected Accused 2 to the killing of Stephen Okwomi Ashibende as none of them placed him at the scene of the beating or identified him as among the boda boda riders that mounted the attack that led to the loss of the life of Stephen Okwomi Ashibende.
4. For the aforesaid reasons, I find that there is insufficient evidence to place the Accused persons on their defence with respect to Count I and accordingly acquit them.
5. In respect to Count II, there is a prima facie case against Accused 1, 3 and 4. I therefore find that Accused 1, 3 and 4 have a case to answer and place them on their defence.
6. As for Accused 2, for the reasons earlier stated, he is acquitted of the charges in Count II also. The Court therefore orders that Accused 2 be released forthwith unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 4TH DAY OF DECEMBER 2024. A. C. BETTJUDGEIn the presence of:-Ms. Chala for the ProsecutionMs. Wanyonyi for the AccusedCourt Assistant: Polycap