Case Metadata |
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| Case Number: | Criminal Case 2 of 2007 |
|---|---|
| Parties: | REPUBLIC v JAMES KIMANI KITHINJI |
| Date Delivered: | 26 Feb 2008 |
| Case Class: | Criminal |
| Court: | High Court at Eldoret |
| Case Action: | Judgment |
| Judge(s): | Kaburu Bauni |
| Citation: | REPUBLIC v JAMES KIMANI KITHINJI [2008] eKLR |
| Advocates: | Mr. Omutelema for state Mr. Kipnyekwei for Accused person |
| Advocates: | Mr. Omutelema for state Mr. Kipnyekwei for Accused person |
| Case Summary: | Criminal practice and procedure-murder-the accused was charged with murder-where the prosecution did not call any witnesses to substantiate the particulars of the charge-whether the prosecution had established a prima facie case to warrant the accused being place on his defence-Penal Code section 203, 204 |
| 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 ELDORET
Criminal Case 2 of 2007
REPUBLIC:……………………………..……………STATE
VERSUS
JAMES KIMANI KITHINJI:……………………ACCUSED
JUDGEMENT
JAMES KIMANI KITHINJI, the accused herein, is charged with the offence of murder contrary to S.203 as read with section 204 of the Penal Code in that on the night of 11th and 13th November 2006 at Kaboswa Tea Estate within Nandi Hills he murdered VERITA WANJIKU.
The prosecution closed its case without calling any witnesses. I therefore find there is absolutely no evidence to support the information and the particulars of the information. The accused, when he first appeared in court and the information and particulars were read to him, denied committing the offence and he continues to do so to date. It was upon the prosecution to adduce evidence to support the information but this they did not do despite the court giving them ample time to do so.
I therefore find the information and the particulars are unsupported. There is no evidence to prove a prima facie case to warrant the court call the accused to his defence. Consequently I find accused not guilty as charged and acquit him. Accused be set at liberty forthwith unless otherwise legally held.
Dated and Delivered at Eldoret on 26th day of February,2008.
KABURU BAUNI
JUDGE
DELIVERED IN PRESENCE OF:-
C/C - David
Mr. Omutelema for state
Mr. Kipnyekwei for Accused person.
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