[2017] KEHC 576 (KLR)
The court found that, upon careful perusal of the record, evidence tendered, and exhibits produced, the prosecution had established a prima facie case against Edward Okoth Otieno. This finding warranted the accused being put on his defense in accordance with Section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2017] KEHC 576 (KLR)
- Parties
- Applicant: Republic; Defendant: Edward Okoth Otieno
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer (section 306(2) Cpc)
- Outcome
- accused put on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Edward Okoth Otieno
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer (section 306(2) Cpc)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defense.
Ratio Decidendi
The court found that, upon careful perusal of the record, evidence tendered, and exhibits produced, the prosecution had established a prima facie case against Edward Okoth Otieno. This finding warranted the accused being put on his defense in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met, and thus the matter would proceed to the defense stage.
Court Disposition
accused put on his defense
Orders
- The accused person, Edward Okoth Otieno, is hereby put 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. 21 OF 2015
REPUBLIC...........................................PROSECUTOR
VERSUS
EDWARD OKOTH OTIENO..................... ACCUSED
RULING
1. EDWARD OKOTH OTIENO is facing an information on the murder of BENEDETTA AKUMU MWAI. The accused person denied the charge and thereafter the prosecution called a total of seven witnesses in its bid to prove the charge against the accused person.
2. This Court has carefully perused the record and the evidence tendered as well as the exhibits produced and it is satisfied that the prosecution has established a case against the accused person to warrant him be placed on his defense.
3. Consequently, the accused person herein be and is hereby put on his defense. Section 306(2) of the Criminal Procedure Code duly complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 26th day of July 2017.
A. C. MRIMA
JUDGE