[2018] KEHC 1763 (KLR)
The court found that, after considering the evidence of 14 prosecution witnesses, a prima facie case had been established against each of the accused persons. This finding required the accused to be placed on their defense in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that...
Source-derived case information.
- Citation
- [2018] KEHC 1763 (KLR)
- Parties
- Applicant: Republic; Defendant: Dan Ojiji Ojiji alias Mzee Sulwe; Defendant: Felix Omondi Ojiji; Defendant: Felix Okoth Joshua
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 114 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons placed on their defense.
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dan Ojiji Ojiji alias Mzee Sulwe
Defendant
Felix Omondi Ojiji
Defendant
Felix Okoth Joshua
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be placed on their defense.
Ratio Decidendi
The court found that, after considering the evidence of 14 prosecution witnesses, a prima facie case had been established against each of the accused persons. This finding required the accused to be placed on their defense in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution's evidence, if believed, could support a conviction, and thus the matter should proceed to the defense stage.
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
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 114 OF 2014
REPUBLIC..............................................................................................PROSECUTOR
-versus-
1. DAN OJIJI OJIJI alias MZEE SULWE
2. FELIX OMONDI OJIJI
3. FELIX OKOTH JOSHUA……................................................................ ACCUSED
RULING
1. On 08/12/2014, the accused persons herein were jointly charged with the murder of oneJohn Ogweno Maganda.They denied the charge and the hearing of the case was conducted. The prosecution called a total of 14 witnesses in its bid to prove the charge.
2. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against each accused to warrant them be placed on their defenses respectively.
3. 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 10th day of December 2018.
A.C. MRIMA
JUDGE