[2015] KEHC 1864 (KLR)
The court found that the prosecution failed to call any witnesses or adduce any evidence against the accused, despite being granted multiple adjournments. Without evidence, the court could not find that a prima facie case had been established. Consequently, the accused could not be called upon to defend himself, and...
Source-derived case information.
- Citation
- [2015] KEHC 1864 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Ondieki Onkendi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2011
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Prima Facie Case, Prosecution Failure, Acquittal, Criminal Procedure, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Ondieki Onkendi
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the accused should be acquitted under Section 306(1) of the Criminal Procedure Code due to lack of evidence.
Ratio Decidendi
The court found that the prosecution failed to call any witnesses or adduce any evidence against the accused, despite being granted multiple adjournments. Without evidence, the court could not find that a prima facie case had been established. Consequently, the accused could not be called upon to defend himself, and the only lawful course was acquittal under Section 306(1) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused Samuel Ondieki Onkendi is acquitted under Section 306(1) of the Criminal Procedure Code.
- The accused shall be released from custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.14 OF 2011
REPUBLIC
VERSUS
SAMUEL ONDIEKI ONKENDI - ACCUSED
RULING
1. The accused herein SAMUEL ONDIEKI ONKENDI faces the charge of Murdercontrary toSection 203as read with Section204 of the Penal Code.
The particulars are that on the night of 25th /26th January 2011 at Bokeire sub-location in Kisii South District within Kisii County, murdered JANE KWAMBOKA NYAGAKA.
2. He pleaded not guilty to the said charges on 16th February 2011 and has been in custody since then awaiting his trial.
3. The case was subsequently listed for hearing on numerous occasions, however, for one reason or the other the hearing never took off on any single occasion.
4. The court granted the prosecution numerous adjournments to enable them avail witnesses in vain and the last application for adjournment by the prosecution made on 27th October 2015 was rejected whereupon the State counsel Mr. Majale opted to close the prosecution’s case without calling any witness.
5. In the absence of any evidence from the prosecution, this court’s hand is tied and I therefore find the State failed to prove a prima facie case against the accused.
6. I would therefore acquit the accused person as I hereby do under Section 306(1) of the Criminal Procedure Code.
Dated, signed and delivered in open court this 28th day of October, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Mr.Boyon for State
Mr.Kaburi for Accused
Omuga: Court clerk