Republic v Daniel Barsa Namisi, Nicholas Wkanusu, Jack Juma, Abraham Echekan Elim & Marko Eyanae Ewyi [2017] KEHC 8077 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

CRIMINAL CASE NO 3 OF 2013

(Consolidated with Cr Nos 53 & 54 of 2012)

REPUBLIC …...................................................PROSECUTOR

VERSUS

1. DANIEL BARSA NAMISI …........................1ST ACCUSED

2. NICHOLAS WKANUSU...............................2ND ACCUSED

3. JACK JUMA...............................................3RD ACCUSED

4. ABRAHAM  ECHEKAN ELIM......................4TH ACCUSED

5. MARKO EYANAE EWYI...............................5TH ACCUSED

RULING

The accused were charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.  The particulars of the offence were that on the night of 23rd December 2012 at Kitalale village within Trans Nzoia County  jointly murdered Wilson Nyongesa Wafula.

The accused denied the offence. The prosecution called 3 witnesses.

PW1, the doctor produced the postmortem report which shows that the deceased died as a result of strangulation.

PW2  identified the deceased body during postmortem exercise. PW3 arrested the accused persons.

The prosecution after several adjournments closed its case.

The evidence on record  so far does not indicate that there was an eye witness to  the incident.  There was no evidence to suggest any  mens rea on the part of the accused person either jointly or severally.

As clearly submitted by the accused counsel it would be inappropriate to put them on their defence. The prosecution did not establish the charge against the  accused  and they are hereby set free unless lawfully held under the provisions of Section 210 of the Criminal procedure Code.

Delivered this 25th day of January 2017.

_________________

H.K. CHEMITEI

JUDGE

In the presence of:

Kakoi for state

Ingosi for 2-3 accused

Tigogo for 4-5 accused

All accused persons – present

Kirong – Court Assistant