Republic V Erick Odhiambo Akumu & Judith Akinyi Mwai [2012] KEHC 3864 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE 53 OF 2009

REPUBLIC ………………………...……………………….. PROSECUTION

=VERSUS=

ERICK ODHIAMBO AKUMU ….……………………….…... 1ST ACCUSED

JUDITH AKINYI MWAI………………………….….…….. 2ND ACCUSED

RULING

The two accused persons ERICK ODHIAMBO AKUMU (hereinafter referred to as the 1st accused) and JUDITH AKINYI MWAI (hereinafter referred to as the 2nd accused) are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. Both accuseds entered a plea of ‘Not Guilty’ to the charge and their trial commenced before the High Court in Mombasa on 20th May 2010. The prosecution led by MR. ONSERIO learned State Counsel called a total of fourteen (14) witnesses in support of their case. MR. WAMEYO Advocate represented both accused persons. At the close of the prosecution case I am satisfied that a prima facie case has been established as against the 1st accused. He will therefore give his defence to this charge. With respect to the 2nd accused I find that no prima facie case has been established against her – reasons will be given in my final judgement. Therefore with respect to the 2nd accused Judith Akinyi Mwai I enter a verdict of ‘Not guilty’ in accordance with Section 306(1) of the Penal Code and I hereby acquit her of this charge. Accused 2 Judith Akinyi Mwai is to be set at liberty forthwith unless she is otherwise lawfully held.

Dated and Delivered in Mombasa this 26th day of April 2012.

M. ODERO

JUDGE

In the presence of:

Mr. Wameyo for both accused

Mr. Tanui holding brief for Mr. Onserio for State