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High CourtDismissedInformation dated 3rd September 2018 (murder charge)
Republic v Samuel Oseko Mogikoyo
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·~1 min to read original · ~4 min briefThe bottom line
#The prosecution must prove its case; if it fails to present evidence, the accused is acquitted.
What this practically means
#Executive summary
#The accused, Samuel Oseko Mogikoyo, was charged by an Information dated 3 September 2018 with the murder of Nyogora Osoro, allegedly committed on 30 August 2018 at Mwabokono village, Bogiakomu location, Kisii South Sub-County within Kisii County, contrary to section 203 as read with section 204 of the Penal Code. Plea was taken on 18 September 2018. The matter suffered repeated delays: hearings fixed for 14 January 2019 and 3 June 2019 did not proceed because the court was not sitting or was away on official duties, and on 24 January 2019 the prosecution sought an adjournment as it had no witnesses. On 11 June 2019 the prosecution sought warrants of arrest for witnesses who failed to attend court despite being bonded, and was granted a last adjournment with warrants issued. When the matter came up on 10 July 2019 the prosecution again had no witnesses. State counsel, Mr. Otieno, indicated the witnesses could be found and sought a further adjournment, which the defence opposed. The court declined the adjournment and closed the prosecution case. Holding that the prosecution had failed to tender any evidence in support of its case and that the accused therefore had no case to answer, the court dismissed the prosecution case under section 210 of the Criminal Procedure Code, acquitted the accused of the charge of murder, ordered that he be free to go unless lawfully held, and directed that any surety document held be released forthwith. The judgment was delivered at Kisii on 10 July 2019 by R.E. Ougo, Judge.
Key legal issues
#01
Whether the prosecution had adduced evidence to warrant the accused being called upon to answer
Holding
The prosecution tendered no evidence at all; the case was dismissed and the accused acquitted under section 210 of the Criminal Procedure Code
Reasoning
Despite multiple hearing dates, adjournments and issuance of witness warrants, the prosecution appeared without witnesses on the final date. The court declined a further adjournment, closed the prosecution case, and found that with no evidence adduced the accused had no case to answer, justifying acquittal under section 210.
p. 2
Legal principles established
#- Where the prosecution fails to tender any evidence in support of its case, the accused has no case to answer and must be acquitted under section 210 of the Criminal Procedure Code
Court orders
#- 1.The prosecution case is dismissed under section 210 of the Criminal Procedure Code
- 2.Samuel Oseko Mogikoyo is acquitted of the charge of murder
- 3.He is free to go unless lawfully held
- 4.Any surety document held shall be released forthwith
- Jurisdiction invoked
- Section 203 as read with section 204 of the Penal Code; section 210 of the Criminal Procedure Code
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Samuel Oseko Mogikoyo", Case Analysis (2019). Information dated 3rd September 2018 (murder charge). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.