Republic v Gori [2023] KEHC 25266 (KLR)

Republic v Gori (Criminal Case 7 of 2018) [2023] KEHC 25266 (KLR) (24 October 2023) (Ruling)

Neutral citation: [2023] KEHC 25266 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Case 7 of 2018

MS Shariff, J

October 24, 2023

Between

Republic

Prosecution

and

Richard Akombo Gori

Accused

Ruling

1. The Accused person herein one Richard Akombo Gori faces a charge of murder contrary to Section 203 as read with 204 of the Penal Code chapter 63 of the Laws of Kenya.

2. The Prosecutor has called the evidence of 4 witnesses in support of its case and it submits that it has established a prima facie case against the accused person.

3. The Accused person has filed written submissions wherein he posits that the prosecution has not established a prima facie case against the accused person and that the only evidence that mentioned the accused person was that of PW1 and another witness who was never availed to testify. Reliance has been placed on the case ofBhatt v R (1957) E. A. 332.

4. The defence further submits that the prosecution has failed to demonstrate that the accused had the nerves to commit the crime. The case ofRepublic -vs- Hezrone Maina Wanga and Christopher Manyasia Lutomiahas been relied upon in this regard.

5. I have considered the evidence tendered before court which places the accused on the scene of the crime at the material time and the fact that PW1 did in her first report identify the persons who had attacked her and the deceased; the accused person being one of them and I do find that the prosecution has established a prime facie case against the accused which calls for his answer thereto.

6. On the balance this court finds that the Accused person has a case to answer and he is hereby put on his defence.

DELIVERED, DATED AND SIGNED AT KISUMU THIS 24TH DAY OF OCTOBER, 2023. MWANAISHA. S. SHARIFFJUDGE