Republic v Benard Otieno Obonyo [2014] KEHC 8844 (KLR)
- Court
- High Court of Kenya
- Case number
- 8844
- Citation
- [2014] KEHC 8844 (KLR)
- Decided
- 18 December 2014
The court finds the accused not guilty of murder and acquits him.
Facts
The accused, Benard Otieno Obonyo, was charged with murder. The prosecution claimed he murdered Duncan Osuri Awino on November 1, 2013, at Koredo Village, Kokot Kataa Location, Rachuonyo North District, Homa Bay County. The prosecution presented the testimony of seven witnesses, including Evelyne Atieno Ondino, Harrison Onan, and John Malela Orimba, who described the accused and the deceased's last known meeting and the subsequent discovery of the deceased's body.
Issues
- Whether the accused committed murder
- Whether the prosecution proved the accused's guilt beyond reasonable doubt
Reasoning
The court found the testimony of the prosecution witnesses inconsistent and unreliable. The accused's intoxication and the lack of evidence linking him to the murder were significant factors in the court's decision.
Outcome
Not Guilty
Authorities cited
Legislation (1)
- Penal Code (Chapter 63 of the Laws of Kenya)
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