[2023] KEHC 22742 (KLR)

[2023] KEHC 22742 (KLR)

The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused persons. This means that there is sufficient evidence on record which, if uncontroverted, would warrant a conviction. Consequently, the accused persons are called upon to make their defence in...

Source-derived case information.

Citation
[2023] KEHC 22742 (KLR)
Parties
Applicant: Republic; Defendant: Hezekiah Havilla Browns; Defendant: Fredrick Omondi Ojwang; Defendant: Humprey Odhiambo
Court
High Court
Court Station
High Court at Migori
Jurisdiction
Kenya
Case Number
Criminal Case 3 of 2020
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
Accused persons found to have a case to answer and are put on their defence.
Judges
RPV Wendoh
Legal Topics
Prima Facie Case, Burden of Proof, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Burden of Proof Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Hezekiah Havilla Browns

Defendant

Fredrick Omondi Ojwang

Defendant

Humprey Odhiambo

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.

Ratio Decidendi

The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused persons. This means that there is sufficient evidence on record which, if uncontroverted, would warrant a conviction. Consequently, the accused persons are called upon to make their defence in accordance with the law. The court explained the three ways available to the accused for making their defence, as required by criminal procedure.

Court Disposition

Accused persons found to have a case to answer and are put on their defence.

Orders

  • The accused persons are found to have a case to answer and are called upon to defend themselves.