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REPUBLIC V. HARON JOSEPH ACHOM

(2019) JELR 95222 (CA)

Court of Appeal  •  Criminal Case16 of 2014  •  29 Jul 2019  •  Kenya

Coram
Olga Akech Sewe

Judgement

RULING

[1] The accused person herein, Haron Joseph Achom, was arraigned before the Court on 17 February 2014, on the Information by the Director of Public Prosecution that he had committed that offence of murder, thereby contravening the provisions of Section 203 as read with Section 204 of the Penal Code, Chapter 63 of the Laws of Kenya. It was alleged that on the 27th day of January 2014 at around 2.00 a.m. at Laini Moja Village in Nzoia Location within Kakamega County, he murdered Alice Koroma. The Accused denied that Charge and the Prosecution called evidence from a total of 5 witnesses in proof of the allegations.

[2] Pursuant to Section 306(1) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, it is imperative that, at the close of the Prosecution Case, a determination be made as to whether a prima facie case has been made out against the accused person to require him to answer. The rationale for this was aptly expressed in Ramanlal Trambaklal Bhatt v. Republic [1957…

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