Prosecutor v George Otieno Randere [2022] KEHC 2706 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

HCCRC NO. 29 OF 2019

PROSECUTOR.................................................................................................REPUBLIC

VERSUS

GEORGE OTIENO RANDERE......................................................................ACCUSED

RULING

The accused, GEORGE OTIENO RANDERE, was charged with the offence of Murder contrary to Section 203as read with Section 204of the Penal Code.  The particulars of the offence were that the accused jointly with other persons who were not before the Court, murdered FREDRICK OMONDI OKUNYA, on 8th January 2016, at Katuk Village in Nyang’oma Location, Muhoroni Sub-County.

1. The prosecution has called 4 witnesses.

2. PW1, PATRICK ONYANGO ODONGO, testified that on 8th January 2016 he was walking from Chemelil Round-about, heading to his home at Katuk.

3. After alighting from the vehicle, PW1heard screams which appeared to come from the home of Thomas Ng’ola Okello.  However, PW1did not go to the said home.

4. He heard someone shouting loudly, saying;

“You are killing me because of my wife;

Just kill me.”

5. PW1testified that he did not recognize the person who had shouted out those words.

6. He also added that he did not find out what was happening.

7. On the next day he learnt that someone called Omondi had been found dead, by the roadside.

8. PW1told the Court that he did not know what killed Omondi.

9. PW2, BERNARD OGADA OKOTH, was the Assistant Chief of Sidho Sub-location, Nyang’oma Location.

10. At about 7. 30a.m on 9th January 2016, he received information that someone was lying on the road, at the junction of the Chemelil- Awasi Road.

11. Upon reaching the scene, PW2notified police officers at the Chemelil Police Post, about the situation.  He also notified the Chief.

12. Before the police officers and the CIDremoved the body from the scene, they tasked PW2to find out who might have snatched the wife of the deceased, on the previous day.

13. It was the evidence of PW2that the deceased had been beaten-up by unknown people.

14. As regards the wife of the deceased, PW2found out that she had been taken to the home of NICHOLAS OTIENO ONGOLA.

15. PW3,CHRISTOPHER OKOTH OKELLO, testified that on 8th January 2016 he had the noise of some people who were fighting outside his homestead.

16. The fighting was happening about 100 metres away from his homestead.  However, PW3remained within his homestead.

17. His evidence was that he never got to know the persons who had been fighting.

18. PW4, PC JAPHETH KIMUTAI, was the Investigating Officer in this case.  He visited the scene of crime, where he found the body of the deceased.  The body had an injury on the head; on the right-hand elbow and some bruises on the chest and the back.

19. According to PW4, there were 4 witnesses who recorded statements, as they knew how the deceased was killed.

20. The said 4 witnesses were named as;

a. Bernard Ogada Okoth;

b. Marikus Golo Ondoro;

c. Christopher Okoth Okeke; and

d. Patrick Onyango Odongo.

21. Three of the named witnesses testified before this Court.  However, all of them told the Court that they did not know how the deceased met his death.

22. Having evaluated all the evidence tendered by the prosecution I have come to the conclusion that the prosecution has failed to establish a prima facie case against the accused, which would warrant him being put to his defence.

23. I find that even if the accused decided to say nothing at all, in answer to the evidence which has been presented in Court, a conviction cannot arise from the evidence on record.

24. Therefore, I find that the accused has no case to answer.  He is hereby acquitted.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 1ST DAY OF FEBRUARY, 2022

FRED A. OCHIENG

JUDGE