[2004] KEHC 2557 (KLR)
The court found that the prosecution failed to adduce sufficient evidence to establish a prima facie case against the accused. The only witness did not connect the accused to the murder, and no medical evidence was presented to confirm the cause of death. In the absence of any evidence linking the accused to the...
Source-derived case information.
- Citation
- [2004] KEHC 2557 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Pamella Anyango Gaya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2002
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, Standard of Proof, Evidence Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Pamella Anyango Gaya
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution adduced sufficient evidence to establish a prima facie case against the accused for murder.
- 2 Whether the accused should be called upon to defend herself in the absence of direct or medical evidence linking her to the death.
Ratio Decidendi
The court found that the prosecution failed to adduce sufficient evidence to establish a prima facie case against the accused. The only witness did not connect the accused to the murder, and no medical evidence was presented to confirm the cause of death. In the absence of any evidence linking the accused to the alleged offence, the court held that it would be unsafe and contrary to law to require the accused to defend herself. Accordingly, the accused was found not guilty and acquitted.
Court Disposition
acquittal
Orders
- The accused is found not guilty and acquitted.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO.47 OF 2002 STATE …………………………………………………………….. PROSECUTOR V PAMELLA ANYANGO …………………………………………………. ACCUSED RULING The accused PAMELA ANYANGO GAYA was charged with murder c/s 203 as read with s.204 of Penal Code. It was alleged that on 24th May 2001 at Obaria Beach, Rachuonyo District she murdered GEORGE GAYA AYUCHA.
The prosecution called only one witness – SAMSON AGWA JECONIA (PW2) who was then area assistant chief. He told court that on the morning of 25/5/01 at 9. 30 a.m. he was informed that the deceased had hanged himself. He went and found him hanging. There was a stab wound. He then reported to police.
Apart from the evidence of the said witness no other witness was called and prosecution closed its case. Clearly the evidence is not sufficient to warrant court ask accused to defend herself. PW2 did not connect her with the murder. Nobody said she murdered the deceased.Even medical evidence was not called to confirm the cause of death of the deceased.
In the circumstances I make a finding of not guilty and acquit the accused person.
It is so ordered.
Delivered on 4th October 2004 at Kisii.
KABURU BAUNIJUDGE. 4/10/04