[2015] KEHC 2873 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. The accused was the guard on duty the night the deceased disappeared and was later found in possession of her mobile phone. Despite the defence's argument that the investigation should have...
Source-derived case information.
- Citation
- [2015] KEHC 2873 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Odhiambo Ogolla
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2012
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- Accused put on his defence under Section 306 of the Criminal Procedure Code.
- Judges
- CC Kipkorir
- Legal Topics
- Murder Charge, 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
Republic
Applicant
Evans Odhiambo Ogolla
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence presented links the accused to the murder of Esther Mukami Kamuti.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. The accused was the guard on duty the night the deceased disappeared and was later found in possession of her mobile phone. Despite the defence's argument that the investigation should have focused on another individual, the court determined that the totality of the evidence on record required the accused to be put on his defence under Section 306 of the Criminal Procedure Code.
Court Disposition
Accused put on his defence under Section 306 of the Criminal Procedure Code.
Orders
- The accused is put on his defence under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.7 OF 2012
REPUBIC ….……………… ………….PROSECUTOR
VERSUS
EVANS ODHIAMBO OGOLLA……….......ACCUSED
RULING
Evans Odhiambo Ogolla is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that between 6th and 20th December 2011 at Konteina Guest in Kiambu District within Central Province murdered Esther Mukami Kamuti. In making submissions at the close of the prosecution case, prosecution counsel stated that the State had presented a total of 9 witnesses. The record however shows that twelve witnesses testified for the prosecution. The testimony of all the 12 witnesses has been considered by the court.
The case against the accused is that he was employed as a guard in the premises in which the deceased worked as a receptionist cum accommodation attendant. He was on duty on the night that the deceased disappeared. Later the decease's decomposing body was found in one of the rooms. In the course of investigations, the accused was found in possession of the deceased's phone. At the close of the prosecution’s case both the prosecution and the defence made their respective submissions. The prosecution has urged the court to find that it has established a prima facie case against the accused.
The defence on the other hand contends that the prosecution has not established a prima facie case against the accused. The gist of their submissions is that the investigation centred on the accused, whereas there were pointers in the witness statements which should have led to the investigation of one Peter Gitau who owned the Konteina bar & restaurant business. That may well be so. However, my careful consideration of the totality of the evidence now on record has led me to the finding that the accused has a case to answer. He was the guard on duty on the night of the disappearance of the deceased and did indeed see her that night. He was later found with the mobile phone of the deceased. He is accordingly put on his defence under Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 14thday of July, 2015
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………..: Court clerk
……………………………..: Accused/Applicant
……………………………..: For State
……………………………..: For Accused/Applicant