[2025] KEHC 6742 (KLR)
The court found that the prosecution had adduced evidence through six witnesses which, if believed, would be sufficient to establish the elements of the offence of murder against the accused persons. The evidence presented linked the accused to the alleged offence and was not so discredited as to be insufficient....
Source-derived case information.
- Citation
- [2025] KEHC 6742 (KLR)
- Parties
- Applicant: Republic; Defendant: Edwin Omondi Achola; Defendant: Caleb Ochieng Ombego
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2024
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- A. Ong’injo
- 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
Republic
Applicant
Edwin Omondi Achola
Defendant
Caleb Ochieng Ombego
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their 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 evidence through six witnesses which, if believed, would be sufficient to establish the elements of the offence of murder against the accused persons. The evidence presented linked the accused to the alleged offence and was not so discredited as to be insufficient. Accordingly, the court held that a prima facie case had been made out against both accused persons, warranting their being placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Both accused persons are found to have a case to answer and are placed on their defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Achola & another (Criminal Case E018 of 2024) [2025] KEHC 6742 (KLR) (10 April 2025) (Ruling)
Neutral citation: [2025] KEHC 6742 (KLR)
Republic of Kenya
In the High Court at Migori
Criminal Case E018 of 2024
A. Ong’injo, J
April 10, 2025
Between
Republic
Prosecutor
and
Edwin Omondi Achola
1st Accused
Caleb Ochieng Ombego
2nd Accused
Ruling
1. The accused persons Caleb Ochieng Ombego and Edwin Omondi Achola were jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars were the accused persons on the 19th day of May 2024 at Nyasare Village Wasweta 1 Sub Location, Suna East Sub Country within Migori County jointly with others not before court murdered Sammy Chacha.
3. Upon consideration of the evidence of the 6 prosecution witnesses and the submissions filed by the defence counsel this court finds that the prosecution evidence raises a prima facie case sufficient to place accused persons on their defence.They have a case to answer.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 10TH DAY OF APRIL, 2025. A. ONGINJOJUDGEIn the presence of:State Counsel Ms. IkolMr. Otieno Advocate for AccusedDuke r Court AssistantAccused 1 and Accused 2 both present