[2005] KEHC 1633 (KLR)
The court found that the prosecution failed to establish a prima facie case against all three accused persons. There was no direct or circumstantial evidence connecting Stephen Oure Barasa, Joseph Omoite Omanyala, or Wycliffe Ajilo Barasa to the offence of murder. The evidence regarding the slippers allegedly...
Source-derived case information.
- Citation
- [2005] KEHC 1633 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Oure Barasa; Defendant: Joseph Omoite Omanyala; Defendant: Wycliffe Ajilo Barasa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2003
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution's Case
- Outcome
- acquittal
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Oure Barasa
Defendant
Joseph Omoite Omanyala
Defendant
Wycliffe Ajilo Barasa
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether there was sufficient evidence, direct or circumstantial, connecting the accused persons to the offence of murder.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against all three accused persons. There was no direct or circumstantial evidence connecting Stephen Oure Barasa, Joseph Omoite Omanyala, or Wycliffe Ajilo Barasa to the offence of murder. The evidence regarding the slippers allegedly linking the 3rd accused was found to be insufficient, as there was no proof that he owned or wore them on the material night. The conduct of the 3rd accused, such as running away from home, was deemed inadequate to establish guilt. The court held that mere suspicion cannot substitute for evidence. Consequently, all three accused persons were acquitted under section 306 of the...
Court Disposition
acquittal
Orders
- All three accused persons are found not guilty and are acquitted.
- The accused persons are to be set free 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 BUNGOMA Criminal Case 39 of 2003 (1)
REPUBLIC…………………………..……PROSECUTOR
VS
STEPHEN OURE BARASA…………….…1ST ACCUSED
JOSEPH OMOITE OMANYALA………...2NDACCUSED
WYCLIFFE AJILO BARASA …………....3RD ACCUSED
R U L I N G
At the close of the prosecution’s case this court invited the learned senior state counsel and Mr. Gichana, the learned advocate for the 3 accused persons pursuant to the provisions of section 306 of the criminal procedure code make their submissions.
I have considered both the able submissions. The learned senior state counsel conceded that the prosecution witnesses did not connect the 1st accuse, Stephen Oure Barasa and the 2nd accused, Joseph Omoite Omanyala with the offence of murder. I have perused the recorded evidence presented before me, it is clear that the 7 witnesses did not establish the nexus between these 3 accused persons with the offence they were charged and tried for.
The learned senior state counsel was of the view that the slipper view that the slipper recovered at the scene of incriminated the 3rd accused Wycliffe Ajilo Barasa.
The accused’s advocate Mr. Gichana was of the view that the accused persons were not connected with the offence they were charged with. He pointed out that the cause of death of the deceased was due to a damaged liver due to too much intake of alcohol.
After a critical consideration of the submissions and the evidence tendered it is clear that there is no shred of evidence connecting Stephen Oure Barasa and Joseph Omoite Omanyala with the offence of murder.
On the other hand, it is said that there is evidence how the slippers found at the scene connected the 3rd accused, Wycliffe Ajilo Barasa, with the offence. There was no evidence to show that Wycliffe Ajilo Barasa wore the kind of slippers found at the scene the on fateful night. It is also said that his conduct of running away from his home depicted him in bad light hence connecting him with the offence.
I find these insinuations insufficient and unreasonable to establish a prima facie case to warrant the 3rd accused person being placed on his defence. I find that there was no direct nor circumstantial evidence to connect all the 3 accused persons with the offence of murdering the deceased. Mere suspicion cannot incriminate the accused persons.
My final conclusion is that all the three accused persons are not guilty. Consequently they are acquitted. They are set free forthwith unless lawfully held.
DATED AND DELIVERED THIS 25th DAY OF February 2005
J.K. SERGON
JUDGE