[2019] KEHC 9787 (KLR)
The court found that, upon careful perusal of the record and the evidence presented by the prosecution through five witnesses, a prima facie case had been established against the accused persons. This finding satisfies the legal threshold under Section 306(2) of the Criminal Procedure Code, requiring the accused to...
Source-derived case information.
- Citation
- [2019] KEHC 9787 (KLR)
- Parties
- Applicant: Republic; Defendant: Eunice Achieng Otieno; Defendant: Julius Owiti Otai
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused persons placed on their 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
Applicant
Eunice Achieng Otieno
Defendant
Julius Owiti Otai
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 persons to warrant them being placed on their defense.
Ratio Decidendi
The court found that, upon careful perusal of the record and the evidence presented by the prosecution through five witnesses, a prima facie case had been established against the accused persons. This finding satisfies the legal threshold under Section 306(2) of the Criminal Procedure Code, requiring the accused to be placed on their defense. The court therefore ordered the accused to enter their defense, as the prosecution's evidence, if uncontroverted, could potentially sustain a conviction.
Court Disposition
accused persons placed on their defense
Orders
- The accused persons are hereby placed on their defense pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 17 OF 2017
REPUBLIC.......................................................................PROSECUTOR
VERSUS
EUNICE ACHIENG OTIENO
JULIUS OWITI OTAI............................................................ ACCUSED
RULING
1. On 04/09/2017 the accused persons herein were charged with others not before Court with the murder of oneErick Ochieng Patkea.
2. The accused person denied the charge and a trial was held. The prosecution called five witnesses.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against the accused persons to warrant them be placed on their defense.
4. Consequently, the accused persons herein are hereby placed on their 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 February 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. MwitaCounsel 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.