REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO CRIMINAL CASE NO.55 OF 2012 REPUBLIC........................................................PROSECUTION VRS PETER NYAKUNDI KIMWENO..............................1ST ACCUSED ISAAC BARASA.................................................2ND ACCUSED WYCLIFFE OPIASO.............................................3RD ACCUSED RULING - The three accused person are facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. - The prosecution called twelve (12) witnesses to state their case. The evidence before this court is to the effect that it is 1 st accused who incriminated the 2nd and 3rd accused. Besides this, there is no other evidence against them. - There was no statement under inquiry or a charge and cautionary statement recorded from the 1 st accused to confirm the allegations against 2nd and 3rd accused. - My finding is that there is no evidence against 2 nd and 3rd accused to make this court place them on their defence. - They are both (i.e 2nd and 3rd accused) acquitted under section 306 (2) of the Criminal Procedure Code. As for the 1st accused, I find sufficient evidence establishing a prima facie case against him. I hereby place him on his defence under section 306 (2) of the Criminal Procedure Code. Signed, dated and delivered this 2nd day of March, 2016. ….................................. H. I. ONG'UDI JUDGE
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