1. The accused JOHN KUKA OLE KIPWALE was charged with the offence of murder contrary to section 203 as read with section 204 of the penal code Laws of Kenya (LOK). Particulars are the on 3rd April 2016, at kiptuno village in koibatek subcounty within Baringo county, the accused murdered KIPRUTO CHANGWONY.
2. The Prosecution availed 8 witnesses and upon close of prosecution case, the defence counsel filed written submissions while the prosecution opted to rely on evidence adduced on determination of whether the accused had a case to answer. I have considered evidence adduced by the prosecution witnesses together with submissions filed by the defence counsel.
3. From the evidence adduced, on 3rd April 2016 the deceased left his home to herd cattle and was to return at 1p.m. at 4 p.m. At around 4p.m, the deceased’s father PW1 was informed that the deceased had not returned home. They searched for the deceased and after 16 days the deceased was found by pw3 paul kipyegon cherutich buried 2 feet in the farm of Jackson. The deceased’s father stated that he did not know who killed his son.
4. PW2 a brother to the deceased stated that when Pw3 called them, they went to the scene and saw deceased legs partially covered and he identified the deceased’s shoes. He said the farm where deceased was found belong to Jackson a brother to the accused but he did not see accused that day.
5. PW6 the Government Analyst who examined the panga and metal bar recovered from the accused’s house found that they were not stained with blood. Pw7 Doctor Arafa who examined the deceased’s body concluded that the deceased sustained head injury.
6. The Investigating Officer also testified that they did not find sufficient evidence to change the accused with the offence and that is why they opted for public inquest.
7. The accused was not seen at the scene on the deceased is alleged to have disappeared neither were the panga and metal bar recovered from accused’s house connected to the deceased. From the foregoing, there is no evidence adduced connecting the accused to the offence.
8. From the foregoing, I find that no prima facie case has been established to warrant accused be placed on his defence.
9. FINAL ORDERS: -
1) The accused is hereby acquitted under section 210 of the criminal Procedure Code
2) Right of appeal 14 days
In the presence of:
- Ms.Omari for state
- Ms. Barasa H/B for Mr.Mwaita for Accused.
- Court Assistant – Karanja
2. The Prosecution availed 8 witnesses and upon close of prosecution case, the defence counsel filed written submissions while the prosecution opted to rely on evidence adduced on determination of whether the accused had a case to answer. I have considered evidence adduced by the prosecution witnesses together with submissions filed by the defence counsel.
3. From the evidence adduced, on 3rd April 2016 the deceased left his home to herd cattle and was to return at 1p.m. at 4 p.m. At around 4p.m, the deceased’s father PW1 was informed that the deceased had not returned home. They searched for the deceased and after 16 days the deceased was found by pw3 paul kipyegon cherutich buried 2 feet in the farm of Jackson. The deceased’s father stated that he did not know who killed his son.
4. PW2 a brother to the deceased stated that when Pw3 called them, they went to the scene and saw deceased legs partially covered and he identified the deceased’s shoes. He said the farm where deceased was found belong to Jackson a brother to the accused but he did not see accused that day.
5. PW6 the Government Analyst who examined the panga and metal bar recovered from the accused’s house found that they were not stained with blood. Pw7 Doctor Arafa who examined the deceased’s body concluded that the deceased sustained head injury.
6. The Investigating Officer also testified that they did not find sufficient evidence to change the accused with the offence and that is why they opted for public inquest.
7. The accused was not seen at the scene on the deceased is alleged to have disappeared neither were the panga and metal bar recovered from accused’s house connected to the deceased. From the foregoing, there is no evidence adduced connecting the accused to the offence.
8. From the foregoing, I find that no prima facie case has been established to warrant accused be placed on his defence.
9. FINAL ORDERS: -
1) The accused is hereby acquitted under section 210 of the criminal Procedure Code
2) Right of appeal 14 days
In the presence of:
- Ms.Omari for state
- Ms. Barasa H/B for Mr.Mwaita for Accused.
- Court Assistant – Karanja