[2022] KEHC 13580 (KLR)
The court found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused persons. Consequently, the accused were put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not acquit the accused at...
Source-derived case information.
- Citation
- [2022] KEHC 13580 (KLR)
- Parties
- Applicant: Republic; Defendant: Godfrey Abwodha alias Toto; Defendant: Briliant Oduor alias Tyson; Defendant: Godfrey Opembe Abwodha
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons put on their defence; prosecution established a prima facie case.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Burden of Proof, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Godfrey Abwodha alias Toto
Defendant
Briliant Oduor alias Tyson
Defendant
Godfrey Opembe Abwodha
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused persons. Consequently, the accused were put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not acquit the accused at this stage but required them to answer to the charges, as the evidence presented by the prosecution met the threshold for a prima facie case.
Court Disposition
Accused persons put on their defence; prosecution established a prima facie case.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Abwodha alias Toto & 2 others (Criminal Case 50 of 2018) [2022] KEHC 13580 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13580 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 50 of 2018
WM Musyoka, J
October 7, 2022
Between
Republic
Prosecution
and
Godfrey Abwodha alias Toto
1st Accused
Briliant Oduor alias Tyson
2nd Accused
Godfrey Opembe Abwodha
3rd Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing the witnesses herein.
2. Am persuaded that the Republic has established a prima facie case against the accused person, and I hereby put him on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS ...........7thDAY OF........October..... 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Osango, Advocate for the accused person.