Republic v Peter Nyakundi Kimweno, Isaac Barasa & Wycliffe Opiaso [2016] KEHC 6706 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT KERICHO

CRIMINAL CASE NO.55 OF 2012

REPUBLIC........................................................PROSECUTION

VRS

PETER NYAKUNDI KIMWENO..............................1ST ACCUSED

ISAAC BARASA.................................................2ND ACCUSED

WYCLIFFE OPIASO.............................................3RD ACCUSED

RULING

- The three accused person are facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code.

- The prosecution called twelve (12) witnesses to state their case.

The evidence before this court is to the effect that it is 1st accused  who incriminated the 2nd and 3rd accused.  Besides this, there is no other evidence against them.

- There was no statement under inquiry or a charge and cautionary statement recorded from the 1st accused to confirm the allegations against 2nd and 3rd accused.

- My finding is that there is no evidence against 2nd and 3rd accused to make this court place them on their defence.

- They are both (i.e  2nd and 3rd accused) acquitted under section 306 (2) of the Criminal Procedure Code.

As for the 1st accused, I find sufficient evidence establishing a prima facie case against him.  I hereby place him on his defence under section 306 (2) of the Criminal Procedure Code.

Signed, dated and delivered this 2nd day of March,  2016.

…..................................

H. I. ONG'UDI

JUDGE