[2017] KEHC 331 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 331 (KLR)
- Parties
- Applicant: Republic; Defendant: George Odera Odembo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- 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
George Odera Odembo
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 placed on his defence.
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
Orders
- The accused person, George Odera Odembo, is hereby placed on his defence.
Full Case Text
Judgment text and source record
14 paragraphs
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