Case ID:179615

Republic v Douglas Owino Ochieng [2021] eKLR

Case Metadata

Case Number:

Criminal Case 16 of 2018

Parties:

Republic v Douglas Owino Ochieng

Date Delivered:

22 Jul 2021

Case Class:

Criminal

Court:

High Court at Homabay

Case Action:

Ruling

Judge(s):

Kiarie Waweru Kiarie

Citation:

Republic v Douglas Owino Ochieng [2021] eKLR

Court Division:

Criminal

County:

Homa Bay

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMA BAY

CRIMINAL CASE NO. 16 OF 2018

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

VERSUS

DOUGLAS OWINO OCHIENG.........................ACCUSED

RULING

1. Douglas Owino Ochieng is charged with an offence of murder contrary to section 203 as read with section 204 of the Penal Code.

2. The particulars of the offence are that on the 23

rd

day of April, 2018, at Kojwach location in Rachuonyo South Sub County of Homa Bay County, murdered Wycliffe Okido.

3. All the prosecution witnesses who testified did not witness the incident. Their evidence was inadmissible hearsay. This will therefore mean that the accused was charged on mere suspicion. The Court of Appeal in in the case of

Sawe vs. Republic[2003] KLR 354

, the Court of Appeal held as follows:

Suspicion, however strong, cannot provide the basis of inferring guilt which must be proved by evidence beyond reasonable doubt.

4. After considering the evidence on record, the question is whether the prosecution has establish a prima facie case against the accused. In the

Black’s Law Dictionary, 10th Edition

prima facie case is defined as follows:

Prima facie case. (1805) I. The establishment of a legally required rebuttable presumption. 2. A party's production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party's favor.

The Court of appeal in the case of

Ramanlal Trambaklal Bhatt v. R [1957] E.A 332

at

334

and

335

, defined prima facie case as follows:

It may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.

5. Article 50 (2) (i) of the Constitution of Kenya provides:

(2) Every accused person has the right to a fair trial, which includes the right—

(i) to remain silent, and not to testify during the proceedings;

6. In the instant case, if the accused opts to exercise his constitutional right hereinabove stated, I cannot enter a conviction based on the evidence on record. This therefore means that the prosecution has failed to establish a prima facie case against him. I accordingly acquit him of the offence of murder under section 306 (1) of the Criminal Procedure Code. He is set at liberty unless if otherwise lawfully held.

DELIVERED AND SIGNED AT HOMA BAY THIS 22ND DAY OF JULY, 2021

KIARIE WAWERU KIARIE

JUDGE