Republic v Mukoondo (Criminal Case 1212 of 2015) [2016] KEMC 5 (KLR) (8 November 2016) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 5
- Citation
- [2016] KEMC 5 (KLR)
- Decided
- 8 November 2016
The court finds the inconsistency in the evidence regarding the location and recovery of the ivory pieces to be so material that it prejudices the defendant's ability to defend himself.
Facts
The defendant, Daniel Palion Mukoondo, was arrested by Kenya Wildlife Service officers on May 25, 2015, for being in possession of 5 pieces of elephant tusks weighing 5 kilograms without a permit. The prosecution presented the testimony of two KWS officers who gave conflicting accounts of where the tusks were found.
Issues
- Whether the prosecution has established a prima facie case that requires the defendant to make a defence.
- Whether the defendant was in possession of the ivory pieces as alleged.
Reasoning
The prosecution's witnesses gave conflicting accounts of where the ivory pieces were found, creating doubt about the defendant's possession and knowledge of the items.
Outcome
The prosecution has failed to prove its case beyond reasonable doubt, and the appeal is dismissed.
Orders
- The appeal is dismissed.
- The defendant is acquitted.
Authorities cited
Cases cited (2)
- Republic v Kennedy Otieno & 6 Others (1998) eKLR
- Warner v Metropolitan Police Commissioner (1969) AC 256
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