Republic v Sammy Oloshiro [2017] KEHC 227 (KLR)
- Citation
- [2017] KEHC 227 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 18 of 2012
- Language
- English
More details
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 18 of 2012
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the prosecution failed to establish a prima facie case against the accused. The only witness called did not witness the murder, and his testimony was based on hearsay, which is inadmissible. No evidence was presented to prove the identity of the deceased or the cause of death, as the doctor who performed the autopsy did not testify and no post mortem report was produced. The prosecution did not discharge its burden of proof, and as such, the accused was acquitted of the charge of murder.
Court disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
02
Material facts
Parties
Republic
Applicant Counsel: Mr. ChigitiSammy Oloshiro
Defendant Counsel: Mr. Olonyi03
Procedural history
Posture
Criminal Case / Judgment
04
Questions and positions
Legal issues
- 01
Whether the prosecution proved beyond reasonable doubt that the accused committed the offence of murder.
- 02
Whether the evidence adduced was sufficient to establish the identity of the deceased and the cause of death.
- 03
Whether hearsay evidence is admissible in establishing guilt.
Party arguments
- Applicant
- The prosecution alleged that the accused, Sammy Oloshiro, murdered Hirum Mureithi on 9th January 2017. The prosecution relied on the testimony of one witness, PW1 Milton Olekaka, who stated he saw the body at the scene but did not witness the incident. The prosecution did not call any other witnesses, including those alleged to have seen the perpetrators, nor did it produce a post mortem report or call the doctor who performed the autopsy.
- Respondent
- The defence argued that there was no direct or circumstantial evidence linking the accused to the alleged murder. The only witness called by the prosecution did not witness the incident, and the evidence presented was hearsay. There was no proof of the identity of the deceased or the cause of death, and no post mortem report was produced.
05
Court’s reasoning
Legal principles
- 01
Section 107, Evidence Act; Woolmington v DPP [1935] AC 462
The prosecution must prove the accused's guilt beyond reasonable doubt in a criminal trial.
- 02
Section 63, Evidence Act
Hearsay evidence is inadmissible in criminal proceedings unless it falls within a recognized exception.
- 03
Section 203, Penal Code; Ndungu v Republic [1985] KLR 487
Proof of death and cause of death is essential in a murder charge.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The only witness called did not witness the murder, and his testimony was based on hearsay, which is inadmissible. No evidence was presented to prove the identity of the deceased or the cause of death, as the doctor who performed the autopsy did not testify and no post mortem report was produced. The prosecution did not discharge its burden of proof, and as such, the accused was acquitted of the charge of murder.
Obiter and limits
- The delay in commencing the trial and the failure to call crucial witnesses undermined the prosecution's case.
- Proper investigation and presentation of evidence are essential in criminal trials to avoid miscarriages of justice.
Court disposition
acquittal
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 18 OF 2012
REPUBLIC.............................................................STATE
VERSUS
SAMMY OLOSHIRO....................................ACCUSED
JUDGEMENT
The accused SAMMY OLOSHIRO faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the charged were that
“On the 9th day of January, 2017 at Loita Reserve in Narok South District within Narok County murdered HIRUM MUREITHI”
The accused pleaded ‘Not Guilty’ to the charge. Despite having been brought to court way back in March 2012, the accused’s trial did not commence until 10/11/2016 almost 3½ years later. Even then the prosecution only managed to avail one witness in the case.
PW1 MILTON OLEKAKA told the court that he went to the scene and saw the body of a man lying in a ditch. He has no idea who killed the man as he did not witness the incident. PW1 stated that some youths told him that they had seen the perpetrators. None of these ‘youths’ was called as a witness. This therefore remains hearsay evidence which is not admissible as against the accused.
No evidence was brought to prove the identity of the deceased. No evidence was adduced to prove the cause of death. The doctor who performed the autopsy did not testify. No post mortem report was produced in court.
All in all the prosecution have failed dismally in establishing a prima facie case. I enter a verdict of ‘Not Guilty’ and I acquit the accused of this charge of murder. The accused it to be set at liberty forthwith unless he is otherwise lawfully held.
Dated and delivered in Nakuru this 13th day of February, 2017
Mr. Olonyi for accused
Mr. Chigiti for State
Maureen A. Odero
Judge
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