[2020] KEHC 290 (KLR)
The court found that the prosecution, having called 13 witnesses, had established a prima facie case against the five surviving accused persons. The evidence on record was sufficient to require the accused to be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2020] KEHC 290 (KLR)
- Parties
- Applicant: Republic; Defendant: Brian Okombo Odenyo; Defendant: Bernard Otieno Sinogo; Defendant: Silas Orwa Awiti; Defendant: Ernest Odhiambo Okeyo; Defendant: Rachel Velley Odhiambo; Defendant: Kefa Otieno; Defendant: Kelvin Otieno Awidhi; Defendant: Lilian Obonyo Akinyi
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused persons placed on their defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Criminal Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Brian Okombo Odenyo
Defendant
Bernard Otieno Sinogo
Defendant
Silas Orwa Awiti
Defendant
Ernest Odhiambo Okeyo
Defendant
Rachel Velley Odhiambo
Defendant
Kefa Otieno
Defendant
Kelvin Otieno Awidhi
Defendant
Lilian Obonyo Akinyi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution, having called 13 witnesses, had established a prima facie case against the five surviving accused persons. The evidence on record was sufficient to require the accused to be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ordered that the accused persons be put on their defence, as the threshold for a prima facie case had been met.
Court Disposition
Accused persons placed on their defence.
Orders
- The five surviving accused persons are hereby placed on their defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
[Coram: A. C. Mrima, J.]
CRIMINAL CASE NO. 1 OF 2017
(Consolidated with Criminal Case No. 3 of 2018)
REPUBLIC.................................................................................................PROSECUTOR
-VERSUS-
1. BRIAN OKOMBO ODENYO
2. BERNARD OTIENO SINOGO
3. SILAS ORWA AWITI
4. ERNEST ODHIAMBO OKEYO
5. RACHEL VELLEY ODHIAMBO
6. KEFA OTIENO
7. KELVIN OTIENO AWIDHI
8. LILIAN OBONYO AKINYI........................................................................ACCUSED
RULING
1. The accused persons herein were jointly charged on 09/01/2017 with the murder of oneMeresa Aketch.The accused persons denied the charge and a trial was held.
2. The 1st, 4th and 8th accused persons died as the trial was on. The trial proceeded on with the remaining 5 accused persons. The prosecution called 13 witnesses.
3. This Court has patiently considered the evidence on record. I am satisfied that the prosecution has established a prima facie case against each of the 5 accused persons to warrant them be placed on their defenses. For avoidance of doubt, the 5 accused persons are Benard Onyango Sinogo, Silas Orwa Awiti, Rachel Velley Odhiambo, Kefa OtienoandKelvin Otieno Awidhi.
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, DATEDandSIGNED at MIGORI this 22nd day of May, 2020.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. Kisia Counsel for the 2nd and 6th accused persons.
Mr. Gembe Counsel for the 5th accused person.
Silas Orwa Awiti (3rd accused person) and Kelvin Otieno Awidhi (7th accused person) appearing in 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