Skip to document content Go to main menu Go to search

Republic v Omukhuba & 3 others (Criminal Case 14 of 2018) [2024] KEHC 15860 (KLR) (4 December 2024) (Ruling)

Republic v Omukhuba & 3 others (Criminal Case 14 of 2018) [2024] KEHC 15860 (KLR) (4 December 2024) (Ruling)
Citation
Republic v Omukhuba & 3 others [2024] KEHC 15860 (KLR)
Media Neutral Citation
[2024] KEHC 15860 (KLR)
Court
High Court
Court station
High Court at Kakamega
Outcome
Court issues further directions
Case number
Criminal Case 14 of 2018
Attorneys
Ms. Chala,
Judges
AC Bett
Judgment date
4 December 2024
Language
English
Type
Judgment
Original source file
Download DOCX (133.9 KB)
Collections
Date published
20 December 2024
Case action
Ruling
Court division
Criminal
Filing county
Kakamega
Order
i. The court found insufficient evidence to place the Accused persons on their defence with respect to Count I and accordingly acquitted them. ii. In respect to Count II, there was a prima facie case against Accused 1, 3 and 4 and it was found that Accused 1, 3 and 4 had a case to answer and place them on their defence. iii. As for Accused 2, for the reasons earlier stated, he was acquitted of the charges in Count II also. The Court therefore ordered that Accused 2 be released forthwith unless otherwise lawfully held.
Skip to document content
1.I have considered the evidence adduced by the Prosecution. Several witnesses place Accused 1, 3 and 4 at the scene where the deceased Stephen Okwomi Ashibende was beaten and tied to a motor cycle before being dragged away. He was subsequently found dead.
2.No evidence whatsoever was led in respect to the circumstances that led to the death of Thomas Obulinji Okwach Alias Abel.
3.Additionally, none of the witnesses connected Accused 2 to the killing of Stephen Okwomi Ashibende as none of them placed him at the scene of the beating or identified him as among the boda boda riders that mounted the attack that led to the loss of the life of Stephen Okwomi Ashibende.
4.For the aforesaid reasons, I find that there is insufficient evidence to place the Accused persons on their defence with respect to Count I and accordingly acquit them.
5.In respect to Count II, there is a prima facie case against Accused 1, 3 and 4. I therefore find that Accused 1, 3 and 4 have a case to answer and place them on their defence.
6.As for Accused 2, for the reasons earlier stated, he is acquitted of the charges in Count II also. The Court therefore orders that Accused 2 be released forthwith unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 4TH DAY OF DECEMBER 2024.A. C. BETTJUDGEIn the presence of:-Ms. Chala for the ProsecutionMs. Wanyonyi for the AccusedCourt Assistant: Polycap
▲ To the top