[2020] KEHC 164 (KLR)
The court found that the prosecution had adduced sufficient evidence, including testimony from at least three eye-witnesses, linking the accused to the assault that resulted in the deceased's death. On the basis of this evidence, the court held that a prima facie case had been established against the accused....
Source-derived case information.
- Citation
- [2020] KEHC 164 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Onyango Ogango Alias 'Boss'
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; put to his defence
- Legal Topics
- Murder, 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
Benard Onyango Ogango Alias 'Boss'
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including testimony from at least three eye-witnesses, linking the accused to the assault that resulted in the deceased's death. On the basis of this evidence, the court held that a prima facie case had been established against the accused. Consequently, the accused was found to have a case to answer and was put to his defence in accordance with the law.
Court Disposition
accused found to have a case to answer; put to his defence
Orders
- The accused is found to have a case to answer and is put to his defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
HCCRC NO. 9 OF 2017
PROSECUTOR..................................................................................................REPUBLIC
VERSUS
BENARD ONYANGO OGANGOAlias“BOSS”..............................................ACCUSED
RULING
The accused, BENARD ONYANGO OGANGOAliasBOSS, was charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code.
1. The particulars of the offence were that on the 21st March 2017, at Tura Sub-location, Kakola Location, Nyando Sub-County, jointly with another person who is not before court, they murdered JAMES WILLIAM GOR.
2. At the trial the prosecution called eight witnesses.
3. Having given due consideration to the evidence on record,
I am satisfied that the prosecution has, on a prima facie basis, shown that the accused was linked to the assault upon the deceased, which led to his death.
4. It does appear that there were at least 3 eye-witnesses who saw what transpired.
5. In the circumstances, I find that if the accused fails to give a reasonable account, to respond to the evidence already tendered, the court would probably convict him.
6. In other words, I find that the accused has a case to answer, and he is thus put to his defence.
DATED, SIGNED and DELIVERED at KISUMU This 6th day of May 2020
FRED A. OCHIENG
JUDGE