[2023] KEHC 979 (KLR)
The court found that the prosecution had failed to produce any witnesses to testify against the accused for over four years since his recovery from mental illness. No evidence had been adduced, and the prosecution was not ready to proceed or withdraw the charge. In these circumstances, the court determined that...
Source-derived case information.
- Citation
- [2023] KEHC 979 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Calvin Okoth Kuyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prosecution's Inability to Proceed Due to Lack of Witnesses
- Outcome
- acquittal for want of evidence; accused set at liberty; file closed
- Judges
- RE Aburili
- Legal Topics
- Murder Charge, Acquittal for Want of Evidence, Prosecution Failure to Produce Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic of Kenya
Applicant
Calvin Okoth Kuyo
Defendant
Procedural Posture
Criminal Case / Ruling on Prosecution's Inability to Proceed Due to Lack of Witnesses
Legal Issues
- 1 Whether the accused should be acquitted for want of evidence due to the prosecution's failure to produce witnesses.
- 2 Whether the continued pendency of the case is justified in the absence of prosecution witnesses for over four years.
Ratio Decidendi
The court found that the prosecution had failed to produce any witnesses to testify against the accused for over four years since his recovery from mental illness. No evidence had been adduced, and the prosecution was not ready to proceed or withdraw the charge. In these circumstances, the court determined that there was no justification to keep the case open. Accordingly, the information dated February 3, 2014, was quashed, and the accused was acquitted for want of evidence and set at liberty forthwith.
Court Disposition
acquittal for want of evidence; accused set at liberty; file closed
Orders
- The information dated February 3, 2014, against Calvin Okoth Kuyo is quashed.
- Calvin Okoth Kuyo is acquitted of the charge of murder for want of evidence.
Full Case Text
Judgment text and source record
23 paragraphs
State v Kuyo (Criminal Case 9 of 2014) [2023] KEHC 979 (KLR) (21 February 2023) (Ruling)
Neutral citation: [2023] KEHC 979 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 9 of 2014
RE Aburili, J
February 21, 2023
Between
State
Prosecution
and
Calvin Okoth Kuyo
Accused
Ruling
1. This morning, this Court declined adjourning this case at the behest of the prosecution on account of lack of witnesses and granted the prosecution time to consult its Regional Coordinator as requested, for further directions.
2. Ms Ayieta counsel for the Defence is ready to proceed. The Prosecution is not ready to proceed on account of now not receiving directions from the Regional Coordinator as per the Office Policy.
3. The case is for hearing and there are no witnesses to testify. No witness has ever attended court with the intention of testifying in this case against the accused person, not even the family of the deceased Patrick Odhiambo Okello, since the accused returned from Mathare Hospital in early 2019.
4. What that means is that since the Prosecution have no witnesses to call and are not ready to withdraw the Murder charge against the accused person, they have left the matter to court. In the circumstances, and as the Prosecution have been unable to trace and avail witnesses to testify against the accused person for over 4 years since the accused recovered from mental illness, I find no reason to keep this file open.
5. I hereby quash the information dated February 3, 2014 brought against the accused person Calvin Okoth Kuyo and acquit the said accused person for want of evidence.
6. Accordingly unless, otherwise held, Calvin Okoth Koyo is hereby acquitted of the Information of Murder and is hereby set at liberty forthwith.
7. I so order.
8. File closed.
Dated, signed and Delivered at Kisumu this 21stDay of February, 2023R.E. ABURILIJUDGE