[2023] KEHC 21778 (KLR)
The court found that the prosecution's case was fundamentally undermined by contradictions in the evidence, particularly the minor witness's admission that she was told by her father to testify to facts she did not witness. This rendered the prosecution's case unsustainable from the outset. The court accepted the...
Source-derived case information.
- Citation
- [2023] KEHC 21778 (KLR)
- Parties
- Appellant: Shakue Athman Shakue; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E037 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Application to Withdraw Appeal
- Outcome
- Appeal withdrawn; file closed.
- Judges
- DKN Magare
- Legal Topics
- Appeal Withdrawal, Contradictory Evidence, Prosecution Case Strength
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shakue Athman Shakue
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application to Withdraw Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn at the request of the prosecution.
- 2 Whether contradictions in the prosecution's evidence justified withdrawal of the appeal.
Ratio Decidendi
The court found that the prosecution's case was fundamentally undermined by contradictions in the evidence, particularly the minor witness's admission that she was told by her father to testify to facts she did not witness. This rendered the prosecution's case unsustainable from the outset. The court accepted the prosecution's application to withdraw the appeal, holding that the respondent should not have been put to his defence given the evidentiary weaknesses. Accordingly, the appeal was marked as withdrawn and the file closed.
Court Disposition
Appeal withdrawn; file closed.
Orders
- The application to withdraw the appeal is allowed.
- The appeal is marked as withdrawn.
Full Case Text
Judgment text and source record
18 paragraphs
Shakue v Republic (Criminal Appeal E037 of 2022) [2023] KEHC 21778 (KLR) (30 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21778 (KLR)
Republic of Kenya
In the High Court at Malindi
Criminal Appeal E037 of 2022
DKN Magare, J
August 30, 2023
Between
Shakue Athman Shakue
Appellant
and
Republic
Respondent
(Being an appeal from the Judgement of the Chief Magistrates Courat at Malindi by Honourable D.Wasike – Senior Resident Magistrate delivered on 18th February, 2021 in Malindi Criminal Case S.O No.18 of 2016 Republic-vs-Shakue Athman Shakue)
Ruling
CORAM:Hon. Justice D.K.MagareAppellant in personMr Nyoro for the State 1. This matter came up for hearing today. The respondent did not turn up. The Prosecutor prayed to withdraw the Appeal as the trial court was correct. I have equally perused the court file. I note that there are contradictions. The minor witness stated that she did not see the blood but the father told her to say she did. With these kind of holes, the prosecution case was doomed from the word go.The respondent should not have even been put to his defence.
2. In the circumstances the application to withdraw is merited. I allow the same. The appeal is marked as withdrawn. This file is closed.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 30TH DAY OF AUGUST, 2023…………………………………………………D.K. MAGAREJUDGE