[2019] KEHC 73 (KLR)
The court, after reviewing the prosecution's evidence, found that a prima facie case had been established against each accused person. This means that the prosecution's evidence, if believed, would be sufficient to support a conviction unless rebutted. Accordingly, the court ruled that the accused persons must be...
Source-derived case information.
- Citation
- [2019] KEHC 73 (KLR)
- Parties
- Applicant: Republic; Defendant: Anthony Ooko Nyaunda; Defendant: Daniel Odhiambo Orwa; Defendant: Philemon Abich; Defendant: Erick Omondi Otieno
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused persons placed on their defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
- 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
Anthony Ooko Nyaunda
Defendant
Daniel Odhiambo Orwa
Defendant
Philemon Abich
Defendant
Erick Omondi Otieno
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 them being placed on their defense.
Ratio Decidendi
The court, after reviewing the prosecution's evidence, found that a prima facie case had been established against each accused person. This means that the prosecution's evidence, if believed, would be sufficient to support a conviction unless rebutted. Accordingly, the court ruled that the accused persons must be placed on their defense in compliance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused persons placed on their defense
Orders
- Each accused person is hereby placed on their defense pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 14 OF 2017
REPUBLIC...........................................................PROSECUTOR
-VERSUS-
1. ANTHONY OOKO NYAUNDA
2. DANIEL ODHIAMBO ORWA
3. PHILEMONA ABICH
4. ERICK OMONDI OTIENO...................................ACCUSED
RULING
1. On 24/07/2017 the accused persons herein were formally charged before Court with the murder of oneAlphonce Ouma Miguye.
2. The accused persons denied the charge and a trial was held. The prosecution called seven witnesses.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against each of the accused persons to warrant them be placed on their defenses.
4. Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 28TH DAY OF JUNE 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Miss. OkotaCounsel for the Accused person.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant.