[2017] KEHC 358 (KLR)
The court found that the prosecution had established a prima facie case against the accused, David Otieno Jaoko, for the murder of Nahashon Ouma Jaoko. After evaluating the evidence of seven prosecution witnesses and the submissions of the defense counsel, the court was satisfied that there was sufficient evidence...
Source-derived case information.
- Citation
- [2017] KEHC 358 (KLR)
- Parties
- Applicant: Republic; Defendant: David Otieno Jaoko
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 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
David Otieno Jaoko
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.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, David Otieno Jaoko, for the murder of Nahashon Ouma Jaoko. After evaluating the evidence of seven prosecution witnesses and the submissions of the defense counsel, the court was satisfied that there was sufficient evidence to require the accused to be placed on his defense in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defense.
Orders
- The accused person 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. 6 OF 2016
REPUBLIC ......................................... PROSECUTOR
-versus-
DAVID OTIENO JAOKO………....... ACCUSED
RULING
1. On 22/02/2016, the accused person herein, DAVID OTIENO JAOKO was charged with the murder of oneNAHASHON OUMA JAOKO.
2. The accused person denied the charge and the hearing of the case was conducted. The prosecution called a total of seven witnesses in its bid to prove the charge against the accused person.
3. This Court has carefully perused the record and carefully evaluated the evidence tendered as well as the written submissions by the Defence Counsel Mr. Omonde Kiseraand 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 27th day of July 2017.
A. C. MRIMA
JUDGE