Republic v Kennedy Ochieng Bonyo Alias Brother & Owen Zadock Alias Nyakwar Dani [2016] KEHC 8768 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT  AT  HOMA BAY

CRIMINAL CASE NO. 35 OF 2012

BETWEEN

REPUBLIC………………………….PROSECUTOR

AND

KENNEDY OCHIENG BONYO alias BROTHER………...1ST ACCUSED

OWEN ZADOCK alias NYAKWAR DANI……………………………….2ND ACCUSED

RULING

The accused, KENNEDY OCHIENG BONYO alias BROTHER and OWEN ZADOCK alias NYAKWAR DANI (“the accused”) were charged with the murder of THOMAS MBOYA OKEYO which took place on 5th November 2011 at Central Karachuonyo Location, North Rachuonyo District within Homa Bay County contrary to section 203 as read with section 204 of the Penal Code (Chapter 63 of the Laws of Kenya).

The prosecution called only two witnesses; Michael Nyakato Odenyo (PW 1) and George Otieno Obade (PW 2).  The collective effect of their testimony was that on 5th November 2011, the deceased was found dead after drinking at a chang’aa den and his body brought to PW 1’s home by unknown persons. There was no evidence connecting the accused to his death or even evidence of the cause of death.

I hasten to note that due to the delay in prosecuting the matter, I directed the prosecution to close its case after I rejected its application for adjournment.

In these circumstances, I find that the accused have no case to answer. I accordingly enter a verdict of not guilty againstKENNEDY OCHIENG BONYO alias BROTHER and OWEN ZADOCK alias NYAKWAR DANI under section 306(1) of the Criminal Procedure Code (Chapter 75 of Laws of Kenya). The accused are acquitted and set free unless otherwise lawfully held.  The sureties herein are discharged.

DATED and DELIVERED at HOMA BAY this 24th day of May 2016

D.S. MAJANJA

JUDGE

Mr Ogutu instructed by Nyauke and Company Advocates for the 1st accused.

Mr Osoro instructed by Osoro and Company Advocates for the 2nd accused.

Ms Ongeti, Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions, for the State.