[2010] KEHC 2407 (KLR)
The court found that the prosecution had failed to adduce any evidence linking the accused, Wilson Oduori Oduma, to the death of the deceased, Vincent Songa. The sole witness called by the prosecution did not implicate the accused in any way. The prosecution, acknowledging the lack of incriminating evidence, chose...
Source-derived case information.
- Citation
- [2010] KEHC 2407 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Oduori Oduma
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2008
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, Burden of Proof, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wilson Oduori Oduma
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 for the offence of murder.
- 2 Whether the evidence on record links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had failed to adduce any evidence linking the accused, Wilson Oduori Oduma, to the death of the deceased, Vincent Songa. The sole witness called by the prosecution did not implicate the accused in any way. The prosecution, acknowledging the lack of incriminating evidence, chose not to call further witnesses. Applying Section 306(1) of the Criminal Procedure Code, the court held that there was no prima facie case established against the accused. Consequently, the accused was found not guilty and acquitted of the charge of murder.
Court Disposition
acquittal
Orders
- The accused, Wilson Oduori Oduma, is acquitted of the charge of murder.
- He is to be set free from remand prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA
Criminal Case 5 of 2008
REPUBLIC …………………………………….PROSECUTOR
-VERSUS-
WILSON ODUORI ODUMA……………........……ACCUSED
R U L I N G
The accused person Wilson Oduori Oduma, is charged with the offence of murder contrary to Section 202 as read with Section 204 of the Penal code.The prosecution called only one witness, Pauline Atieno Wanyama, to testify.At the end of her evidence she had not in any way linked the accused with the death of the deceased, Vincent Songa.Mr. Okeyo then told the court that prosecution would not offer any further evidence by calling other witnesses.This is because, he said, none of such other witnesses will add value or improve upon the evidence of PW1. He felt that calling other witnesses will accordingly be wasting court’s time.
I have carefully considered the position after perusing S. 306(1) ofthe Criminal Procedure Code, Cap. 75 of the Laws ofKenya. I am satisfied that there is no evidence now on record that the accused person committed the offence of murder as charged.Since both counsel did not choose to address the court
in submission but left it to court, it is my finding and my judgment that the accused is not guilty of the offence of murder.He should be and is hereby acquitted of the charge.He is set free from remand prison unless therein lawfully held. Orders accordingly.
Dated and delivered at Busia this 22nd day of June 2010.
D.A. ONYANCHA
J U D G E