Case Metadata |
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| Case Number: | Criminal Case 26 Of 2002 |
|---|---|
| Parties: | REPUBLIC v PETER OLIECH OLUOCH |
| Date Delivered: | 25 Oct 2005 |
| Case Class: | Criminal |
| Court: | High Court at Kisii |
| Case Action: | Ruling |
| Judge(s): | Kaburu Bauni |
| Citation: | REPUBLIC v PETER OLIECH OLUOCH [2005] eKLR |
| Advocates: | Mr. Chirchir for state |
| Court Division: | Criminal |
| Parties Profile: | Government v Individual |
| County: | Kisii |
| Advocates: | Mr. Chirchir for state |
| Case Summary: | [Ruling] Criminal practice and procedure-murder-the accused was charged with murder-where the prosecution closed its case without calling in any witness-whether the accused was entitled to an acquittal-Penal Code sections 203, 204; Criminal Procedure Code section 306 |
| History Advocates: | One party or some parties represented |
| 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
OF KISII
CRIMINAL CASE 26 OF 2002
STATE ………………………………………………….…….. PROSECUTOR
VERSUS
PETER OLIECH OLUOCH ………………………………………. ACCUSED
RULING
Accused PETER OLIECH OLUOCH it was charged with offence of Murder contrary to S.203 as read with S.204 Penal Code in that on 2nd July 2001 at Makinya Kanyago Sub Location in Homa Bay District, jointly with others not before the court murdered AGNES OWINO OLUM.
After numerous adjournments sought by the prosecution to call witnesses the state counsel eventually closed the prosecution case without calling any witnesses.
There is therefore no evidence on record. The accused when he appeared in court pleaded not guilty to the information and the particulars read to him. He continues to so deny. No evidence was called to support the particulars in the information .
I therefore find accused not guilty and acquits him under S.306(a) C.P.C.
Dated 25th October 2005.
KABURU BAUNI
JUDGE
cc. Mobisa
Mr. Chirchir for state
Accused present.
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