[2017] KEHC 7524 (KLR)
The court found, after reviewing the record, evidence, and oral submissions, that the prosecution had established a prima facie case against the accused. This finding warranted placing the accused on his defence in accordance with the law governing criminal trials in Kenya. The court was satisfied that the evidence...
Source-derived case information.
- Citation
- [2017] KEHC 7524 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Otieno Owino
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 77 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fredrick Otieno Owino
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 him being put on his defence.
Ratio Decidendi
The court found, after reviewing the record, evidence, and oral submissions, that the prosecution had established a prima facie case against the accused. This finding warranted placing the accused on his defence in accordance with the law governing criminal trials in Kenya. The court was satisfied that the evidence presented, if unchallenged, could potentially result in a conviction, thus meeting the threshold for requiring the accused to answer the charge.
Court Disposition
Accused put on his defence.
Orders
- The accused person is hereby put on his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 77 OF 2014
(Formerly Kisii High Court Criminal Case No. 115 of 2010)
REPUBLIC ...........................................PROSECUTOR
VERSUS
FREDRICK OTIENO OWINO......................ACCUSED
RULING
1. FREDRICK OTIENO OWINOfaced an information on the murder DANIEL OKOTH OITO.That was before Hon. Asike Makhandia J. (as he then was) in the High Court at Kisii in Criminal Case No. 115 of 2010 on 21/01/2011.
2. The accused person denied the charge and thereafter the case was transferred to this Court for hearing. The prosecution called a total of seven witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered as well as the oral submissions of the Defence Counsel and it is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense.
4. Consequently the Accused person herein be and is hereby put on his defense.
DELIVERED, DATEDandSIGNED at MIGORI this 15th day of February 2017.
A. C. MRIMA
JUDGE