Republic v Julius Okongo Barongo

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE (MURDER) NO. 54 OF 2008 REPUBLIC ……………………………….................………………..….……… PROSECUTOR VERSUS JULIUS OKONGO BARONGO ………………..................………………..………… ACCUSED JUDGMENT 1. The accused herein, Julius Barongo 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 the 18 th November 2008 at Boige village, Makara sub location, South Gucha District within Nyanza Province, jointly with another not before the court murdered SIMON OMBOGA KIMONGE. The accused denied committing the offence. 2. The prosecution has not called any single witness in support of its case against the accused person. The advocate for the defence prays that in the absence of any evidence to connect the accused with the offence, the accused is entitled to an acquittal under section 306 (1) of the Criminal Procedure Code. 3. I have considered the submissions. The law is that he who alleges must prove. In the instant case, the prosecution alleged that the accused Julius Barongo murdered Simon Omboga Kimonge on the 18th November 2008. No iota of evidence has been placed before this court as proof of that allegation. 4. Accordingly and for the reasons above stated, the court finds that the prosecution has not proved its claims of murder against the accused person beyond any reasonable doubt. The accused did not admit the offence. In the circumstances, the accused herein is acquitted of the charge of murder in accordance with the provisions of section 306 (1) of the Criminal Procedure Code. 5. Unless he is otherwise lawfully held, the accused shall be released from prison custody forthwith. 6. It is so ordered. Dated and delivered in open court here at Kisii this 26th day of January, 2012. RUTH NEKOYE SITATI JUDGE.

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