[2022] KEHC 663 (KLR)
The court found that the evidence of the four prosecution witnesses was sufficient to establish a prima facie case against the accused, Martin Ouma Aluodo, for the offence of murder. Consequently, the accused was placed on his defence in accordance with the requirements of the Criminal Procedure Code. The court was...
Source-derived case information.
- Citation
- [2022] KEHC 663 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Ouma Aluodo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Ouma Aluodo
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 placed on his defence.
Ratio Decidendi
The court found that the evidence of the four prosecution witnesses was sufficient to establish a prima facie case against the accused, Martin Ouma Aluodo, for the offence of murder. Consequently, the accused was placed on his defence in accordance with the requirements of the Criminal Procedure Code. The court was satisfied that the prosecution had met the threshold to require the accused to answer to the charge, but made no determination on guilt at this stage.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused is placed on his defence.
- Defence hearing scheduled for 30/06/2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Aluodo (Criminal Case 29 of 2018) [2022] KEHC 663 (KLR) (9 June 2022) (Ruling)
Neutral citation: [2022] KEHC 663 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 29 of 2018
ACA Onginjo, J
June 9, 2022
Between
Republic
Prosecution
and
Martin Ouma Aluodo
Accused
Ruling
1. The accused Martin Ouma Aluodo is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the penal code.
2. The particulars of the offence are that on the 18th day of November 2017 at Jomvu Sub County within Mombasa County murdered Joseph Onyango
3. The evidence of the four (4) prosecution witnesses has raised a prima facie case against the Accused and he has a case to answer. He is placed on his defence.
DATED,SIGNED AND DELIVERED IN OPEN COURT THIS 9TH DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel - Court assistantMr. Ngiri for stateAccused – present in personMr. Egunza Advocate for accused - no appearance. Mr. Magolo Paul hold brief.HON. LADY JUSTICE A. ONG’INJO J09/06/2022Mr. MagoloWe pray for a date for defence hearing. Accused will give sworn evidence and has 1 witness.OrderDefence hearing on 30/06/2022. HON. LADY JUSTICE A. ONG’INJO J09/06/2022