[2018] KEHC 3305 (KLR)
The court found that, after considering the evidence of eight prosecution witnesses, a prima facie case had been established against the accused. This finding was made in compliance with Section 306(2) of the Criminal Procedure Code, which requires the court to determine, at the close of the prosecution's case,...
Source-derived case information.
- Citation
- [2018] KEHC 3305 (KLR)
- Parties
- Respondent: Republic; Defendant: Alice Atieno Opudo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2016
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused to be placed on her defense
- Judges
- AC Mrima
- 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
Respondent
Alice Atieno Opudo
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 to warrant her being placed on her defense.
Ratio Decidendi
The court found that, after considering the evidence of eight prosecution witnesses, a prima facie case had been established against the accused. This finding was made in compliance with Section 306(2) of the Criminal Procedure Code, which requires the court to determine, at the close of the prosecution's case, whether there is sufficient evidence to require the accused to be put on her defense. The court was satisfied that the prosecution's evidence met this threshold, and accordingly ordered the accused to be placed on her defense.
Court Disposition
accused to be placed on her defense
Orders
- The accused is hereby placed on her defense pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 20 OF 2016
REPUBLIC ................................................... PROSECUTOR
-versus-
ALICE ATIENO OPUDO ................................... ACCUSED
RULING
1. On 20/09/2016, the accused person herein was charged with the murder of oneTASHLEY OTIENO.
2. The accused person denied the charge and the hearing of the case was conducted. The prosecution called a total of eight witnesses in its bid to prove the charge against the accused person.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against the accused person to her be placed on her defense.
4. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 4th day of October, 2018.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. Jura,Counsel for the Accused person.
Joseph Kimanthi, Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the Respondent.
Evelyne Nyauke– Court Assistant.