[2016] KEHC 1985 (KLR)
The court found that the prosecution had presented sufficient evidence through seven witnesses to establish a prima facie case against the accused. This satisfied the legal threshold required to put the accused on his defense, as per the standards set out in the Criminal Procedure Code. The court, therefore, ruled...
Source-derived case information.
- Citation
- [2016] KEHC 1985 (KLR)
- Parties
- Applicant: Republic; Defendant: Alphonce Odhiambo Wao
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alphonce Odhiambo Wao
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 to warrant him being put on his defense.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence through seven witnesses to establish a prima facie case against the accused. This satisfied the legal threshold required to put the accused on his defense, as per the standards set out in the Criminal Procedure Code. The court, therefore, ruled that the accused must be called upon to answer the charge and present his defense.
Court Disposition
accused put on his defense
Orders
- The accused is hereby put on his defense.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 53 OF 2014
(Formerly Kisii High Court Criminal Case No. 20 of 2014)
REPUBLIC .........................................................................PROSECUTOR
-versus-
ALPHONCE ODHIAMBO WAO............................................... ACCUSED
RULING
1. On 26/02/2014, the Accused hereinALPHONCE ODHIAMBO WAOwas charged with the murder of EDICK ODHIAMBO ACHOLA.That was before Hon. Sitati, J. in the High Court at Kisii.
2. The accused person denied the charge and thereafter the case was transferred to this station upon the opening up of a High Court registry. The hearing of the case then commenced and the prosecution called a total of seven witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered and it is satisfied that the prosecution has established a prima facie case against the Accused person to warrant him be placed on his defense.
4. Consequently the Accused person herein is hereby put on his defense.
DATED, DELIVERED and SIGNED at MIGORI this 28TH day of APRIL 2016.
A. C. MRIMA
JUDGE