REPUBLIC v STEPHEN OTEMO LESERO [2011] KEHC 4260 (KLR)
- Court
- High Court of Kenya
- Case number
- 4260
- Citation
- [2011] KEHC 4260 (KLR)
- Decided
- 3 June 2011
The court finds that the prosecution did not prove the accused's guilt beyond reasonable doubt and acquits the accused of murder.
Facts
The accused, Stephen Otemo Lesero, was charged with murder for allegedly attacking and stabbing John Etyang. The prosecution called seven witnesses, including Dennis Wafula, who testified that the accused and others attacked the deceased. The defense presented an alibi and an alibi witness, Antonina Nelima, who identified the accused as one of the attackers. However, the prosecution did not conduct an identification parade.
Issues
- Whether the prosecution proved the accused's guilt beyond reasonable doubt
- Whether the accused's alibi was credible
Reasoning
The court found that the prosecution's evidence was insufficient to establish guilt beyond reasonable doubt, especially given the lack of direct evidence linking the accused to the crime scene and the absence of an identification parade.
Outcome
Acquittal
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