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Republic v Burur (Criminal Case 491 of 2013) [2013] KEMC 112 (KLR) (26 November 2013) (Ruling)

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Republic v Burur (Criminal Case 491 of 2013) [2013] KEMC 112 (KLR) (26 November 2013) (Ruling)
Citation
Republic v Burur [2013] KEMC 112 (KLR)
Media Neutral Citation
[2013] KEMC 112 (KLR)
Court
Magistrate's Court
Court station
Kehancha Law Courts
Outcome
Dismissed
Case number
Criminal Case 491 of 2013
Attorneys
Judges
PA Ndege
Judgment date
26 November 2013
Language
English
Type
Judgment
Collections
Date published
20 January 2026
Case action
Ruling
Court division
Criminal
Filing county
Migori
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1.The defendant herein, Geoffrey Mutatiro Burure, has been charged with the offence of Kidnapping a Female Under 16 years from a Lawful Guardian c/s 255 as read with section 257 of the Penal Code. He denied that on 01/09/2013 at Iraha village in Kuria West District within Migori County, jointly with others not before court, he took HM, a female of 14 years without the consent of the guardian namely JMK.
2.Two witnesses testified for the prosecution. They are the complainant's father, PW1, JMK, and the police officer, PW2, NO. XXX CPL. Hezron Makokha. Their evidence is that the complainant's daughter, HM, had been defiled and was to testify in a case where the defendant herein has been charged for defiling her pending before court II.
3.The complainant herein, PW1, JMK, informed the court that he was informed by one MK that the defendant herein had kidnapped H.
4.MK could not be traced. His statement was however produced by PW2, No. XXX CPL. Hezron Makokha, as PEXH. No. 1.
5.This being a criminal trial, the standard of proof is beyond reasonable doubt. None of the witnesses herein saw the defendant herein kidnap the complainant herein. MK's statement produced as PEXH. No. 1 herein was not made on oath and that cannot be used to convict the defendant herein, even if he opts to remain silent in his defence.Hearsay evidence cannot be used to convict.
6.I find no prima facie case disclosed herein and do hereby dismiss the charge herein pursuant to section 210 CPC and consequently do hereby acquit the defendant herein of the offence of Kidnapping a Female Under 16 years from a Lawful Guardian c/s 255 as read with section 257 of the Penal Code.
DATED, SIGNED AND DELIVERED AT KEHANCHA IN OPEN COURT 26TH DAY OF NOVEMBER 2013ALOYCE-PETER-NDEGEAG. PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: MagigeCourt prosecutor: CI MachariaDefendant: Present
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