[2018] KEHC 5649 (KLR)
The court found that the prosecution had not made any serious effort to locate witnesses since the accused was charged in 2013. On the hearing date, the prosecution again sought an adjournment for the same reason—lack of witnesses. The court declined the adjournment application, noting the absence of any evidence...
Source-derived case information.
- Citation
- [2018] KEHC 5649 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Kasaine Mosiro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 78 of 2013
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Legal Topics
- Murder Charge, Acquittal, Failure to Prosecute, Adjournment, Release Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Kasaine Mosiro
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution provided sufficient evidence to support the charge of murder against the accused.
- 2 Whether the continued adjournment due to lack of witnesses was justified.
Ratio Decidendi
The court found that the prosecution had not made any serious effort to locate witnesses since the accused was charged in 2013. On the hearing date, the prosecution again sought an adjournment for the same reason—lack of witnesses. The court declined the adjournment application, noting the absence of any evidence offered by the State to support the murder charge. In accordance with the law, where no evidence is adduced by the prosecution, the accused must be acquitted. Therefore, Peter Kasaine Mosiro was acquitted of the charge of murder and ordered released unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused, Peter Kasaine Mosiro, is acquitted of the charge of murder.
- He is ordered released unless otherwise lawfully held in custody.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 78 OF 2013
REPUBLIC.........................................PROSECUTOR
VERSUS
PETER KASAINE MOSIRO....................ACCUSED
JUDGMENT
The accused, PETER KASAINE MOSIRO, was charged with the murder of WILSON TANKOI which took place on 29th December 2010 at Isampin Village, Enoosaen Location, Transmara West District of Narok County. Since the accused was charged in 2013, this matter has not proceeded for lack of witnesses. I have not seen any serious effort on the part of the prosecution to locate the witnesses. Today, when the matter came up for hearing and an adjournment was sought for the same reasons, I declined the application. Since the State did not offer any evidence to support the charge, I acquit PETER KASAINE MOSIRO of the charge of murder. He is ordered released unless otherwise lawfully held in custody.
Dated and delivered at Kisii this 4th July 2018.
D.S Majanja
Judge
Mr. Otieno, Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Ondari, Advocate for the Accused