[2017] KEHC 4349 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Asman Odiwuor Abuor, for the murder of Zebedi Ochieng Tindi. After reviewing the evidence of six prosecution witnesses and considering the oral submissions of the defense counsel, the court was satisfied that there was...
Source-derived case information.
- Citation
- [2017] KEHC 4349 (KLR)
- Parties
- Applicant: Republic; Defendant: Asman Odiwuor Abuor
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, 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
Asman Odiwuor Abuor
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 defense.
- 2 Whether the evidence adduced links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Asman Odiwuor Abuor, for the murder of Zebedi Ochieng Tindi. After reviewing the evidence of six prosecution witnesses and considering the oral submissions of the defense counsel, the court was satisfied that there was sufficient evidence to require the accused to be placed on his defense. The ruling was made in compliance with Section 306(2) of the Criminal Procedure Code, which mandates that an accused be put on his defense if a prima facie case is established at the close of the prosecution's case.
Court Disposition
accused placed on his defense
Orders
- The accused person, Asman Odiwuor Abuor, is hereby placed on his defense.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 15 OF 2016
REPUBLIC ............................................................................................PROSECUTOR
-versus-
ASMAN ODIWUOR ABUOR...................................................................... ACCUSED
RULING
1. On 23/06/2016, the Accused person herein ASMAN ODIWUOR ABUORwas charged with the murder of oneZEBEDI OCHIENG TINDI.
2. The accused person denied the charge and the hearing of the case was conducted. The prosecution called a total of six witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered as well as the oral submissions by the Defence Counsel Mr. Mwita Kerario and is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense. There is prima facie evidence that the accused person was involved in the death of the deceased herein.
4. Consequently, the Accused person herein is hereby placed on his defense. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 15th day of June 2017.
A. C. MRIMA
JUDGE