[2020] KEHC 5421 (KLR)
The court found that the prosecution, having called seven witnesses, established a prima facie case against the accused person. This finding satisfies the threshold under Section 306(2) of the Criminal Procedure Code, which requires that if, at the close of the prosecution's case, a prima facie case is made out...
Source-derived case information.
- Citation
- [2020] KEHC 5421 (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 Case to Answer
- Outcome
- accused placed on defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
- 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 Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defense.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, established a prima facie case against the accused person. This finding satisfies the threshold under Section 306(2) of the Criminal Procedure Code, which requires that if, at the close of the prosecution's case, a prima facie case is made out against the accused, the court shall call upon the accused to make his defense. The court, therefore, ruled that the accused must be placed on his defense to answer to the charge of murder.
Court Disposition
accused placed on defense
Orders
- The accused person is hereby placed on his defense.
Full Case Text
Judgment text and source record
19 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, DATED AND SIGNED AT MIGORI THIS 22ND DAY OF MAY, 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.