[2005] KEHC 44 (KLR)
The court found that the prosecution failed to call any witnesses or adduce any evidence in support of the charge of murder against the accused. In the absence of any evidence on record, the accused could not be called upon to make his defence. Accordingly, the court held that the accused was not guilty and...
Source-derived case information.
- Citation
- [2005] KEHC 44 (KLR)
- Parties
- Respondent: STATE; Appellant: PETER OLIECH OLUOCH
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 26 of 2002
- Procedural Posture
- Criminal Appeal / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- K Bauni
- Legal Topics
- Murder Charge, Acquittal, Prosecution Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
STATE
Respondent
PETER OLIECH OLUOCH
Appellant
Procedural Posture
Criminal Appeal / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the absence of prosecution evidence necessitates an acquittal under section 306(a) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution failed to call any witnesses or adduce any evidence in support of the charge of murder against the accused. In the absence of any evidence on record, the accused could not be called upon to make his defence. Accordingly, the court held that the accused was not guilty and acquitted him under section 306(a) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused Peter Oliech Oluoch is acquitted under section 306(a) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Criminal Appeal 26 of 2002
STATE ………………………………………………….…….. PROSECUTOR
VERSUS
PETER OLIECH OLUOCH ……………………………………. ACCUSED
RULING
Accused PETER OLIECH OLUOCH it was charged with offence of Murder contrary to S.203 as read with S.204 Penal Code in that on 2nd July 2001 at Makinya Kanyago Sub Location in Homa Bay District, jointly with others not before the court murdered AGNES OWINO OLUM.
After numerous adjournments sought by the prosecution to call witnesses the state counsel eventually closed the prosecution case without calling any witnesses.
There is therefore no evidence on record. The accused when he appeared in court pleaded not guilty to the information and the particulars read to him. He continues to so deny. No evidence was called to support the particulars in the information .
I therefore find accused not guilty and acquits him under S.306(a) C.P.C.
Dated 25th October 2005.
KABURU BAUNI
JUDGE
cc. Mobisa
Mr. Chirchir for state
Accused present.