[2005] KEHC 2303 (KLR)
The court found that the prosecution failed to adduce any evidence linking the accused to the alleged offence or even establishing the fact and cause of death. There was no evidence of any act or omission by the accused that could have led to the death of the deceased. As a result, no prima facie case was...
Source-derived case information.
- Citation
- [2005] KEHC 2303 (KLR)
- Parties
- Applicant: Republic; Defendant: Priscilla Wanjiru Hungo
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 84 of 2003
- Procedural Posture
- Criminal Trial / Ruling at Close of Prosecution Case
- Outcome
- acquittal
- Legal Topics
- Acquittal, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Priscilla Wanjiru Hungo
Defendant
Procedural Posture
Criminal Trial / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant her being put on her defence.
- 2 Whether there was any evidence linking the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to adduce any evidence linking the accused to the alleged offence or even establishing the fact and cause of death. There was no evidence of any act or omission by the accused that could have led to the death of the deceased. As a result, no prima facie case was established against the accused, and she was entitled to an acquittal under section 306(1) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused is acquitted under section 306(1) of the Criminal Procedure Code.
- The accused shall be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NYERI HCCR NO.84 OF 2003
REPUBLIC…………………………………..……..PROSECUTOR
VERSUS
PRISCILLA WANJIRU HUNGO…….…………..…….ACCUSED
R U L I N G At the close of the prosecution case it is evident that this prosecution is without any direction at all. No evidence has been adduced showing that the Accused committed any act or omission that could have led to the alleged death of the deceased. No evidence has been adduced to show whether the deceased died how He died and what caused his death.
There is absolutely no reason as to why the Accused was arrested. The entire prosecution has been at total waste of the court’s time. There is no shred of evidence implicating the Deceased. No prima facie case has therefore been established and Accused is therefore acquitted under section 306 (1) of the Criminal Procedure Code. She will therefore be set free unless otherwise lawfully held. H. M. OKWENGU JUDGE 27/1/05