Case Metadata |
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| Case Number: | Crminal Case 19 of 2005 |
|---|---|
| Parties: | REPUBLIC v ISAACK BALESA |
| Date Delivered: | 24 Jul 2006 |
| Case Class: | Criminal |
| Court: | High Court at Malindi |
| Case Action: | Ruling |
| Judge(s): | William Ouko |
| Citation: | REPUBLIC v ISAACK BALESA [2006] eKLR |
| Advocates: | Mr.Nyakoe Mr.Ogoti |
| Advocates: | Mr.Nyakoe Mr.Ogoti |
| Case Summary: | [Ruling] Criminal Practice and Procedure-murder-no case to answer-where the accused was charged with murder-where the only evidence adduced was circumstantial-where there was no evidence adduced to link the injuries and the axe with the accused- where the prosecution failed to adduce medical evidence as to the deceased person’s cause of death-whether the accused could be put to his defence in the circumstances-Section 203 and 204 of the Penal Code |
| 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 MALINDI
Crminal Case 19 of 2005
REPUBLIC………………………………………………PROSECUTOR
VERSUS
ISAACK BALESA………….………..……………………….ACCUSED
RULING
The accused is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 1st July, 2005 at 12 noon the accused, murdered Jarso Baleso at Bulto Mulito village in Waya Location of Tana District. After selection of the assessors, the trial commenced on 8th November, 2005 and by 22nd June 2006 a total of eight witnesses had been called by the prosecution.
The deceased and accused were half brothers and great friends. The evidence adduced by the prosecution witnesses who were at the scene was to the effect that they heard screams and on going to the scene from there the screams came, they found the deceased lying down unconscious with a deep cut on the head. There was an axe next to the body. They also were unanimous that the accused was not at the scene. They all arrived after the incident and none of them saw the accused inflict the injuries on the deceased. No circumstantial evidence was adduced to link the injuries and the axe with the accused. The prosecution also failed to adduce medical evidence as to the deceased person’s cause of death.
Despite several adjournments the doctor did not come to testify.
For these reasons, I find no basis to require the accused to make his defence.
In the result he is acquitted under Section 306. He shall be set at liberty forthwith unless otherwise lawfully held.
Dated and delivered at Malindi this 24th day of July 2006.
W. OUKO
JUDGE.
24.7.06
W. Ouko, J
Mr.Nyakoe
Mr.Ogoti
CC: Gladys
Assessors present
Ruling delivered.
W.OUKO
JUDGE
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