[2017] KEHC 305 (KLR)

[2017] KEHC 305 (KLR)

The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against each accused person. Accordingly, the court ruled that each accused should be placed on his defence in compliance with Section 306(2) of the Criminal Procedure Code. The details of this provision were...

Source-derived case information.

Citation
[2017] KEHC 305 (KLR)
Parties
Applicant: Republic; Defendant: Emmanuel Odhiambo Osewe; Defendant: Yusto Odhiambo Ojuaka; Defendant: Preston Ayayo Mireje
Court
High Court
Court Station
High Court at Homa Bay
Jurisdiction
Kenya
Case Number
Murder Case 7 of 2015
Procedural Posture
Criminal Murder / Ruling on Prima Facie Case Under Section 306(2)
Outcome
Each accused is placed on his defence.
Judges
DO Ohungo
Legal Topics
Murder Trial, Prima Facie Case, Section 306 Criminal Procedure Code
Source Language
en
Criminal Law Murder Trial Prima Facie Case Section 306 Criminal Procedure Code

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Emmanuel Odhiambo Osewe

Defendant

Yusto Odhiambo Ojuaka

Defendant

Preston Ayayo Mireje

Defendant

Procedural Posture

Criminal Murder / Ruling on Prima Facie Case Under Section 306(2)

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.

Ratio Decidendi

The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against each accused person. Accordingly, the court ruled that each accused should be placed on his defence in compliance with Section 306(2) of the Criminal Procedure Code. The details of this provision were explained to each accused.

Court Disposition

Each accused is placed on his defence.

Orders

  • Each accused is placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.