[2020] KEHC 8004 (KLR)
The court found that the prosecution had called eight witnesses and presented evidence sufficient to establish a prima facie case against each of the accused persons on both counts of murder. The court was satisfied that the threshold under Section 306(2) of the Criminal Procedure Code had been met, warranting the...
Source-derived case information.
- Citation
- [2020] KEHC 8004 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Ochieng Amayo alias Zakayo; Defendant: Kelvin Odhiambo Ochieng alias Ocham; Defendant: Nation Ochieng Amayo alias Ochieng Boyo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused persons placed on their 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
Applicant
Fredrick Ochieng Amayo alias Zakayo
Defendant
Kelvin Odhiambo Ochieng alias Ocham
Defendant
Nation Ochieng Amayo alias Ochieng Boyo
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 persons to require them to be placed on their defense.
Ratio Decidendi
The court found that the prosecution had called eight witnesses and presented evidence sufficient to establish a prima facie case against each of the accused persons on both counts of murder. The court was satisfied that the threshold under Section 306(2) of the Criminal Procedure Code had been met, warranting the accused persons to be placed on their defense. The ruling is procedural and does not determine guilt but ensures compliance with the statutory requirement to assess whether the prosecution's evidence requires an answer from the accused.
Court Disposition
accused persons placed on their defense
Orders
- The accused persons are hereby placed on their defenses on both counts of murder.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
[Coram: A. C. Mrima, J.]
CRIMINAL CASE NO. 27 OF 2018
REPUBLIC......................................................................................PROSECUTOR
-versus-
1. FREDRICK OCHIENG AMAYOaliasZAKAYO
2. KELVIN ODHIAMBO OCHIENGaliasOCHAM
3. NATION OCHIENG AMAYOaliasOCHIENG BOYO................ACCUSED
RULING
1. The accused persons herein were jointly charged on 27/09/2018 with others not before Court with two counts of murder. They were alleged to have murdered oneDaniel Taabu Sisoand Wilfred Muyonga Msala.
2. The accused persons denied the charge and a trial was held. The prosecution called 8 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 on both counts. 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 27TH DAY OF FEBRUARY, 2020
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Miss ApondiCounsel 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