1. The accused person, Douglas Gesora, 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 the night of 28th July 2023 at Mokwerero Village, Bonyaiguba Sub-Location, West Mugirango Location in Nyamira South Sub-County within Nyamira County, he murdered Keresensi Nyamoita.
2. Under section 306(1) of the Criminal Procedure Code, where no evidence is adduced linking an accused person to the offence charged, the court is required to record a finding of not guilty. In Bhatt v Republic [1957] EA 332, the court held that a prima facie case is one on which a reasonable tribunal, properly directing its mind to the law and the evidence, could convict if the accused elected to remain silent.
3. The prosecution tendered no evidence in support of the charge and therefore failed to establish a prima facie case against the accused person.
4. Accordingly, I find that the accused person has no case to answer and acquit him under section 306(1) of the Criminal Procedure Code.
5. The accused shall be set at liberty forthwith unless otherwise lawfully held.
2. Under section 306(1) of the Criminal Procedure Code, where no evidence is adduced linking an accused person to the offence charged, the court is required to record a finding of not guilty. In Bhatt v Republic [1957] EA 332, the court held that a prima facie case is one on which a reasonable tribunal, properly directing its mind to the law and the evidence, could convict if the accused elected to remain silent.
3. The prosecution tendered no evidence in support of the charge and therefore failed to establish a prima facie case against the accused person.
4. Accordingly, I find that the accused person has no case to answer and acquit him under section 306(1) of the Criminal Procedure Code.
5. The accused shall be set at liberty forthwith unless otherwise lawfully held.