[2024] KEHC 7856 (KLR)
Upon reviewing the evidence of nine prosecution witnesses and the written submissions of the accused persons, the court found that the prosecution had established a prima facie case against both accused persons. The evidence presented was sufficient to require the accused to be put on their defence, as required by...
Source-derived case information.
- Citation
- [2024] KEHC 7856 (KLR)
- Parties
- Applicant: Republic; Defendant: Elphas Otiende Anduru Alias Otina; Defendant: Lilian Angiso Robert
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2021
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer
- Outcome
- accused persons found to have a case to answer; ordered to be put on their defence
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- 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
Elphas Otiende Anduru Alias Otina
Defendant
Lilian Angiso Robert
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
- 2 Whether the accused persons should be acquitted under Section 306 and 210 of the Criminal Procedure Code.
Ratio Decidendi
Upon reviewing the evidence of nine prosecution witnesses and the written submissions of the accused persons, the court found that the prosecution had established a prima facie case against both accused persons. The evidence presented was sufficient to require the accused to be put on their defence, as required by Section 306 of the Criminal Procedure Code. The court therefore declined to acquit the accused at this stage and ordered that they be put on their defence.
Court Disposition
accused persons found to have a case to answer; ordered to be put on their defence
Orders
- The 1st and 2nd accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Anduru alias Otina & another (Criminal Case 31 of 2021) [2024] KEHC 7856 (KLR) (25 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7856 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 31 of 2021
JN Kamau, J
June 25, 2024
Between
Republic
Accused
and
Elphas Otiende Anduru Alias Otina
1st Accused
Lilian Angiso Robert
2nd Accused
Ruling
1. This matter was partly heard by Musyoka J. He took the evidence of Adams Ochami Namyaga (hereinafter referred to as “PW 1”), Alfred Amuga (hereinafter referred to as “PW 2”), Rebecah Ayuma Ngaa (hereinafter referred to as “PW 3”), Dr Dixon Mchana (hereinafter referred to as “PW 4”), Hezron Arunga (hereinafter referred to as “PW 5”), No 29394 PC Ronald Ngala Olweno (hereinafter referred to as “PW 6”) and Joel Nanjelo John (hereinafter referred to as “PW 7”).
2. This court became seized of the matter on 8th March 2023. It took the evidence of Richard Kimutai Lang’at (hereinafter referred to as “PW 8”) and No 661566 Corporal Paschal Syombua (hereinafter referred to as “PW 9”).
3. On 5th November 2023, the Prosecution closed its case after calling a total of nine (9) Prosecution witnesses.
4. The 1st Accused person’s Written Submissions were dated 4th December 2023 and filed on 16th February 2023 while those of the 2nd Accused person were dated 6th December 2023 and filed on 7th December 2023. Although the Prosecution indicated that it had filed its Written Submissions, this court noted that the same were not in the court file as at the time of writing this Ruling.
5. The 1st and 2nd Accused persons reproduced the evidence that was tendered during trial and submitted that the Prosecution had not established any case to warrant placing them on their defence. They urged this court to acquit and discharge them under Section 306 and 210 of the Criminal Procedure Code respectively.
6. Having carefully considered the evidence of the said Prosecution witnesses and the Written Submissions by the Accused persons, the court was of the opinion that a prima facie case had been established against the 1st and 2nd Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.
7. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 25TH DAY OF JUNE 2024J. KAMAUJUDGE