[2018] KEHC 2174 (KLR)
The court found that the prosecution had adduced sufficient evidence, including witness testimony and documentary exhibits, to establish a prima facie case against the accused for the offence of murder. The evidence, taken as a whole, was deemed adequate to require the accused to be placed on his defence in...
Source-derived case information.
- Citation
- [2018] KEHC 2174 (KLR)
- Parties
- Appellant: John Oyuga Okongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Oyuga Okongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including witness testimony and documentary exhibits, to establish a prima facie case against the accused for the offence of murder. The evidence, taken as a whole, was deemed adequate to require the accused to be placed on his defence in accordance with the law. The court complied with the procedural requirements under Sections 200 and 211 of the Criminal Procedure Code, ensuring the accused's rights were protected and the trial could proceed from where the previous judge left off. Consequently, the accused was ordered to be placed on his defence to answer to the charge of murder.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence.
- The accused's rights under Section 211 of the Criminal Procedure Code are explained to him.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SIAYA CRIMINAL CASE NO. 38 OF 2015
(CORAM: R. E. ABURILI - J.)
JOHN OYUGA OKONGO.......................APPELLANT
VERSUS
REPUBLIC.............................................RESPONDENT
RULING
1. The Accused person John Oyuga Okongo is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence are that on the 26th day of April 2014 at Naya Sub-location, South Uyoma location in Rarieda Sub-county of Siaya County, jointly with another not before court, murdered George Oluoch Baraza.
2. The accused pleaded not guilty to the charge. The prosecution led by the Senior Principal State Counsel, Mr. Okachi called 9 prosecution witnesses and closed its case.
3. The Prosecution also produced several exhibits including postmortem report showing the cause of death of the deceased, photographs of the state in which the deceased’s body was found, a certificate of the person who took the photographs and a big stone allegedly used to kill the deceased.
4. The Defence is represented by Mr. Otieno Advocate.
5. At the close of the Prosecution case, the Defence opted not to submit on whether or not the accused has a case to answer.
6. This case was partially heard by Hon. J. A. Makau before he was transferred to Nairobi and the Prosecution and Defence consented to have the trial proceed from where Hon. J.A. Makau J left it. Accordingly, in compliance with Section 200 of the Criminal Procedure Code, this court did, on 23/5/2018 order that the case proceeds from where Hon. J.A. Makau left it.
7. Having considered all the evidence adduced by the prosecution as a whole, I am satisfied that the prosecution have established a prima facie case against the accused person to warrant him be placed on his defence.
8. Accordingly, the accused is hereby placed on his defence and in compliance with Section 211 of the Criminal Procedure Code, the accused person is placed on his defence and his rights under the said Section duly explained to him.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 7th Day of November 2018.
R.E. ABURILI
JUDGE