[2020] KEHC 296 (KLR)
The court found that, after considering the evidence of the four prosecution witnesses, a prima facie case had been established against both accused persons. This finding was made in accordance with Section 306(2) of the Criminal Procedure Code, which requires the court to assess whether the evidence adduced by the...
Source-derived case information.
- Citation
- [2020] KEHC 296 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Otieno Aduol; Defendant: Kevin Odongo Aduol
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Evans Otieno Aduol
Defendant
Kevin Odongo Aduol
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 their being placed on their defense.
Ratio Decidendi
The court found that, after considering the evidence of the four prosecution witnesses, a prima facie case had been established against both accused persons. This finding was made in accordance with Section 306(2) of the Criminal Procedure Code, which requires the court to assess whether the evidence adduced by the prosecution is sufficient to call upon the accused to make their defense. The court was satisfied that the threshold had been met and accordingly ordered the accused to be placed on their defense.
Court Disposition
Accused persons placed on their defense.
Orders
- The accused persons are hereby placed on their defenses.
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. 6 OF 2019
REPUBLIC ......................................................PROSECUTOR
-versus-
1. EVANS OTIENO ADUOL
2. KEVIN ODONGO ADUOL...............................ACCUSED
RULING
1. The accused persons herein were jointly charged on 03/05/2019 with the murder of oneHarrison Onyango Otieno.
2. The accused persons denied the charge and a trial was held. The prosecution called 4 witnesses.
3. This Court has patiently considered the evidence on record. I am satisfied that the prosecution has established a prima facie case against each of the accused persons to warrant them be placed on their defenses.
4. Consequently, the accused persons herein are hereby placed on their defenses. 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. Singei,Counsel for the accused persons.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant