Republic v George Odera Odemba [2017] KEHC 331 (KLR)
- Citation
- [2017] KEHC 331 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- AC Mrima
- Case number
- Criminal Case 24 of 2015
- Language
- English
More details
- Court
- High Court
- Panel
- AC Mrima
- Case number
- Criminal Case 24 of 2015
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused, George Odera Odembo, for the murder of Bernard Odicho Livenje. The evidence adduced by five prosecution witnesses, when considered alongside the submissions of the defence, was deemed adequate to require the accused to answer to the charge. The court thus complied with Section 306(2) of the Criminal Procedure Code by placing the accused on his defence.
Court disposition
accused placed on his defence
Orders
- The accused person, George Odera Odembo, is hereby placed on his defence.
02
Material facts
Parties
Republic
ApplicantGeorge Odera Odembo
Defendant Counsel: Mr. Omonde Kisera03
Procedural history
Posture
Criminal Case / Ruling on Case to Answer
04
Questions and positions
Legal issues
Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
Party arguments
- Applicant
- The prosecution presented evidence through five witnesses to establish that the accused was involved in the death of Bernard Odicho Livenje, seeking to prove the charge of murder beyond reasonable doubt.
- Respondent
- The accused, through his counsel, denied the charge and made written submissions challenging the sufficiency of the prosecution's evidence.
05
Court’s reasoning
Legal principles
- 01
Section 306(2) of the Criminal Procedure Code, Chapter 75, Laws of Kenya
An accused person should only be placed on his defence if the prosecution establishes a prima facie case against him.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused, George Odera Odembo, for the murder of Bernard Odicho Livenje. The evidence adduced by five prosecution witnesses, when considered alongside the submissions of the defence, was deemed adequate to require the accused to answer to the charge. The court thus complied with Section 306(2) of the Criminal Procedure Code by placing the accused on his defence.
Court disposition
accused placed on his defence
- The accused person, George Odera Odembo, is hereby placed on his defence.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 24 OF 2015
REPUBLIC................................................................PROSECUTOR
-VERSUS-
GEORGE ODERA ODEMBA..........................................ACCUSED
RULING
1. On 20/07/2015, the accused person herein GEORGEODERA ODEMBA was charged with the murder of oneBERNARD ODICHO LIVENJE.
2. The accused person denied the charge and the hearing of the case was conducted. The prosecution called a total of five witnesses in its bid to prove the charge against the accused person.
3. This Court has carefully perused the record and carefully considered the evidence tendered as well as the written submissions by the Defence Counsel Mr. Omonde Kiseraand is satisfied that the prosecution has established a case against the accused person to warrant him be placed on his defense. There is prima facie evidence that the accused person was involved in the death of the deceased herein.
4. Consequently, the accused person herein is hereby placed on his defense. 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 July 2017.
A. C. MRIMA
JUDGE
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