[2016] KEHC 6706 (KLR)
The court found that the only evidence against the 2nd and 3rd accused was the implication by the 1st accused, with no independent corroboration or formal statements recorded. This was insufficient to establish a prima facie case against them. Consequently, the 2nd and 3rd accused were acquitted under section 306(2)...
Source-derived case information.
- Citation
- [2016] KEHC 6706 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Nyakundi Kimweno; Defendant: Isaac Barasa; Defendant: Wycliffe Opiaso
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2012
- Procedural Posture
- Criminal Case / Ruling on Whether to Place Accused on Defence
- Outcome
- 2nd and 3rd accused acquitted; 1st accused placed on defence.
- Judges
- HI Ong'udi
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Nyakundi Kimweno
Defendant
Isaac Barasa
Defendant
Wycliffe Opiaso
Defendant
Procedural Posture
Criminal Case / Ruling on Whether to Place Accused on Defence
Legal Issues
- 1 Whether there is sufficient evidence to require the 2nd and 3rd accused to be placed on their defence.
- 2 Whether the 1st accused should be placed on his defence for the charge of murder.
Ratio Decidendi
The court found that the only evidence against the 2nd and 3rd accused was the implication by the 1st accused, with no independent corroboration or formal statements recorded. This was insufficient to establish a prima facie case against them. Consequently, the 2nd and 3rd accused were acquitted under section 306(2) of the Criminal Procedure Code. In contrast, the court found sufficient evidence against the 1st accused to require him to be placed on his defence, as a prima facie case had been established against him for the charge of murder.
Court Disposition
2nd and 3rd accused acquitted; 1st accused placed on defence.
Orders
- 2nd and 3rd accused are acquitted under section 306(2) of the Criminal Procedure Code.
- 1st accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERICHO
CRIMINAL CASE NO.55 OF 2012
REPUBLIC........................................................PROSECUTION
VRS
PETER NYAKUNDI KIMWENO..............................1ST ACCUSED
ISAAC BARASA.................................................2ND ACCUSED
WYCLIFFE OPIASO.............................................3RD ACCUSED
RULING
- The three accused person are facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code.
- The prosecution called twelve (12) witnesses to state their case.
The evidence before this court is to the effect that it is 1st accused who incriminated the 2nd and 3rd accused. Besides this, there is no other evidence against them.
- There was no statement under inquiry or a charge and cautionary statement recorded from the 1st accused to confirm the allegations against 2nd and 3rd accused.
- My finding is that there is no evidence against 2nd and 3rd accused to make this court place them on their defence.
- They are both (i.e 2nd and 3rd accused) acquitted under section 306 (2) of the Criminal Procedure Code.
As for the 1st accused, I find sufficient evidence establishing a prima facie case against him. I hereby place him on his defence under section 306 (2) of the Criminal Procedure Code.
Signed, dated and delivered this 2nd day of March, 2016.
…..................................
H. I. ONG'UDI
JUDGE