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REPUBLIC V DANIEL BOAZ KIBARON [2012] KEHC 215 (KLR)

[2012] KEHC 215 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
215
Citation
[2012] KEHC 215 (KLR)
Decided
17 December 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction for murderCoramA Mshila
Holding

The court finds the accused not guilty and acquits him

Facts

The accused was charged with murder of Patrick Kipkorir Lelit on January 6, 2010, at Orion Bar in Hawaii area, Uasin Gishu District, Rift Valley Province. The prosecution called six witnesses, but was unable to secure the attendance of ten more witnesses.

Issues

  1. Insufficiency of evidence to support the cause of death
  2. Failure to produce a postmortem report

Reasoning

The court found insufficient evidence to support the cause of death and that the prosecution had not made out a prima facie case.

Outcome

Not Guilty

Orders

  • The accused is acquitted

Authorities cited

Legislation (2)
  • Section 203 and 204 of the Penal Code
  • Section 306 of the Criminal Procedure Code
Cases cited (1)
  • OMAR RAJAB & ANOTHER -VS- R. C.A NO. 231/2006
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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