Republic v Simon Saruni [2017] KEHC 5513 (KLR)
- Court
- High Court of Kenya
- Case number
- 5513
- Citation
- [2017] KEHC 5513 (KLR)
- Decided
- 7 April 2017
The court finds the prosecution's case full of gaps and not cogent, and grants the benefit of doubt to the accused, acquitting him of the charge of murder.
Facts
The accused, Simon Saruni, was charged with murder for the death of Lemashon Nchoe, a 4-year-old boy. The prosecution alleged that Saruni murdered the child by pushing him into a river, but the accused denied involvement. The body was found with a deep cut on the neck, and a pathologist concluded the cause of death was a sharp force trauma to the neck.
Issues
- Whether the prosecution proved the charge of murder beyond reasonable doubt
- Whether the accused's unsworn statement was admissible
Reasoning
The court notes the prosecution's failure to provide evidence linking the accused to the crime, including the absence of a murder weapon and the accused's unsworn statement. The court finds the evidence insufficient to prove the accused's guilt.
Outcome
Acquitted
Authorities cited
Legislation (1)
- Penal Code, Cap 63 Laws of Kenya
Loading judgment…