[2018] KEHC 6788 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused for the offence of murder. Despite the eyewitness testimony, the court was not persuaded that the evidence was sufficient to require the accused to be put on his defence. The court held that proceeding further would be an...
Source-derived case information.
- Citation
- [2018] KEHC 6788 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Wambundo Ayieko
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2015
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- TW Cherere
- Legal Topics
- Murder, Elements of Offence, Standard of Proof, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Wambundo Ayieko
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case to warrant the accused being put on his defence for the offence of murder.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused for the offence of murder. Despite the eyewitness testimony, the court was not persuaded that the evidence was sufficient to require the accused to be put on his defence. The court held that proceeding further would be an academic exercise in futility, and therefore acquitted the accused under Section 210 of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused is acquitted under Section 210 of the Criminal Procedure Code.
- The accused is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CRIMINAL CASE (MURDER) NO. 28 OF 2015
REPUBLIC.................................................................PROSECUTOR
VERSUS
SIMON WAMBUNDO AYIEKO......................................ACCUSED
RULING
1. Accused person is charged with the Offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 16th May, 2015at Gesoko Estate, Kisumu East Sub-County within Kisumu County murdered Veronica Wanjawa Okoth.
In support of its case, the state called a total of 3 witnesses whose evidence I have summarized as follows:
2. PW 1 Christopher Mochama Omaribatestified that he was a neighbor to the Veronica Wanjawa Okoth. He recalled that on 16. 5.15 at about 9. 30 pm, he heard a commotion in Veronica Wanjawa Okoth’s house. That she was screaming and calling for help claiming that someone wanted to kill her. That he peeped through the window that was covered with only a curtain and he saw accused stab the Veronica with a knife on the chest. That him and others escorted the injured Veronica to hospital and she was pronounced dead on arrival. It was his evidence that accused attempted stabbed himself with the same knife and also attempted to burn the house but he police arrived and rescued him and took him to hospital.
3. PW 2 Okoth Francisand PW3 Fredrick Onyalo Ogolawho are deceased’s father and uncle identified deceased’s body to the doctor who conducted a postmortem on 18. 5.15.
4. In the premises, I am not persuaded that there is sufficient evidence to warrant this Court to put Accused person on his defence because to do so would be an academic exercise in futility.
5. Consequently the Accused is hereby acquitted under the Provisions of Section 210 of the Criminal Procedure Code and it is ordered that he be set at liberty unless otherwise lawfully held. It is so ordered.
DATED, DELIVERED AND SIGNED THIS 25thDAY OF May 2018
T. W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Accused - Present
For Accused - Mr. Bagada/Mr. Omondoo
For the State - N/A