[2017] KEHC 227 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 227 (KLR)
- Parties
- Applicant: Republic; Defendant: Sammy Oloshiro
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2012
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder, Burden of Proof, Admissibility of Evidence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sammy Oloshiro
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the accused committed the offence of murder.
- 2 Whether the evidence adduced was sufficient to establish the identity of the deceased and the cause of death.
- 3 Whether hearsay evidence is admissible in establishing guilt.
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.
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.
Full Case Text
Judgment text and source record
19 paragraphs
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