Republic v Castro Liyayi Musotsi & another [2017] KEHC 8816 (KLR)
- Court
- High Court of Kenya
- Case number
- 8816
- Citation
- [2017] KEHC 8816 (KLR)
- Decided
- 23 May 2017
The court finds that the prosecution's case cannot stand as it does not meet the standard of proof.
Facts
The prosecution alleged that Castro Liyayi Musotsi and Iddi Ismael Longu murdered Everlyne Ajerwa Kisanya on April 17, 2009. The prosecution called seven witnesses, including the deceased's mother and a neighbor, who testified that the deceased was last seen alive on April 17, 2009, and was found naked and with a neck injury on April 18, 2009. The accused were arrested but no investigating officer was called to testify.
Issues
- Whether the prosecution has established that the accused persons committed murder as defined under Section 203 of the Penal Code.
- Whether the prosecution has proved the cause of death and the accused's involvement in the death.
Reasoning
The court notes the lack of police testimony and other evidence linking the accused to the death. The prosecution's case is based on circumstantial evidence and the absence of direct evidence.
Outcome
The two accused persons are acquitted of murder.
Orders
- The two accused persons are acquitted under Section 322(1) of the Criminal Procedure Code.
- The accused persons are to be released forthwith.
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
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