Republic v Simon Wambundo Ayieko [2018] KEHC 6788 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

CRIMINAL CASE (MURDER) NO. 28 OF 2015

REPUBLIC.................................................................PROSECUTOR

VERSUS

SIMON WAMBUNDO AYIEKO......................................ACCUSED

RULING

1. Accused person is charged with the Offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.  The particulars of the charge are that on 16th May, 2015at Gesoko Estate, Kisumu East Sub-County within Kisumu County murdered Veronica Wanjawa Okoth.

In support of its case, the state called a total of 3 witnesses whose evidence I have summarized as follows:

2. PW 1 Christopher Mochama Omaribatestified that he was a neighbor to the Veronica Wanjawa Okoth. He recalled that on 16. 5.15 at about 9. 30 pm, he heard a commotion in Veronica Wanjawa Okoth’s house. That she was screaming and calling for help claiming that someone wanted to kill her. That he peeped through the window that was covered with only a curtain and he saw accused stab the Veronica with a knife on the chest. That him and others escorted the injured Veronica to hospital and she was pronounced dead on arrival. It was his evidence that accused attempted stabbed himself with the same knife and also attempted to burn the house but he police arrived and rescued him and took him to hospital.

3. PW 2 Okoth Francisand PW3 Fredrick Onyalo Ogolawho are deceased’s father and uncle identified deceased’s body to the doctor who conducted a postmortem on 18. 5.15.

4. In the premises, I am not persuaded that there is sufficient evidence to warrant this Court to put Accused person on his defence because to do so would be an academic exercise in futility.

5. Consequently the Accused is hereby acquitted under the Provisions of Section 210 of the Criminal Procedure Code and it is ordered that he be set at liberty unless otherwise lawfully held.  It is so ordered.

DATED, DELIVERED AND SIGNED THIS 25thDAY OF May 2018

T. W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant     -   Felix

Accused                 -   Present

For Accused          -   Mr. Bagada/Mr. Omondoo

For the State         -   N/A