REPUBLIC V DANIUM OLUOCH & ANOTHER [2011] KEHC 71 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

Criminal Case 34 of 2004

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

VERSUS

DANIUM OLUOCH….………….……..…..……………….……….………………………1ST ACCUSED

LEONARD IRUNGU…………..……...……………………………………………………2ND ACCUSED

R U L I N G

1. The accused persons herein were jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on the night of 27th May 2004 at Malimuli Village, Ilegi Sub-Location within Kakamega District jointly with others not before the court, murdered Josephat Shitsama. They denied the charge and although G.B.M. Kariuki, J. took the evidence of a few witnesses with the aid of assessors, on 3rd November 2009, Chitembwe J. ordered the hearing to proceed de novo and by the time the State closed its case on 14th March 2011, no witness had testified against the accused persons..

2. There being no evidence on record, I find that the accused persons have no case to answer and they are acquitted of the charge of murder and they shall be ordered to be released forthwith unless they are otherwise lawfully held.

3. Orders accordingly.

I.LENAOLA

JUDGE

DELIVERED, DATED AND COUNTER-SIGNED BY L. KIMARU, JUDGE AT KAKAMEGA THIS 4TH DAY OF JULY, 2011

L. KIMARU

JUDGE