[2020] KEHC 154 (KLR)
The court found that, after considering the evidence of 7 prosecution witnesses, a prima facie case had been established against the accused person, Edwin Otieno Wanyara, for the murder of Arthur Arwa Abuolo. Accordingly, the court ruled that the accused should be placed on his defense in compliance with Section...
Source-derived case information.
- Citation
- [2020] KEHC 154 (KLR)
- Parties
- Respondent: Republic; Defendant: Edwin Otieno Wanyara
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on his defense
- 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
Respondent
Edwin Otieno Wanyara
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 to warrant him being placed on his defense.
Ratio Decidendi
The court found that, after considering the evidence of 7 prosecution witnesses, a prima facie case had been established against the accused person, Edwin Otieno Wanyara, for the murder of Arthur Arwa Abuolo. Accordingly, the court ruled that the accused should be placed on his defense in compliance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on his defense
Orders
- The accused person, Edwin Otieno Wanyara, is hereby placed on his defense.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
[Coram: A. C. Mrima, J.]
CRIMINAL CASE NO. 10 OF 2018
REPUBLIC............................PROSECUTOR
-VERSUS-
EDWIN OTIENO WANYARA....ACCUSED
RULING
1. On 10/05/2018 the accused person herein was charged with the murder of oneArthur Arwa Abuolo.
2. The accused person denied the charge and a trial was held. The prosecution called 7 witnesses.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against the accused person to warrant him be placed on his defense.
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 17th day of March, 2020
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. Brian Mboya,Counsel for the accused 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.