[2017] KEHC 271 (KLR)
The court, after reviewing the evidence presented by the prosecution, found that a prima facie case had been established against the accused. This finding means that the evidence, if uncontroverted, would warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with Section...
Source-derived case information.
- Citation
- [2017] KEHC 271 (KLR)
- Parties
- Applicant: Republic; Defendant: George Odhiambo Ouoma
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Odhiambo Ouoma
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 require him to be put on his defence.
Ratio Decidendi
The court, after reviewing the evidence presented by the prosecution, found that a prima facie case had been established against the accused. This finding means that the evidence, if uncontroverted, would warrant a conviction. Therefore, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 02 OF 2014
REPUBLIC..........................................PROSECUTOR
VERSUS
GEORGE ODHIAMBO OUMA................ACCUSED
RULING
1. GEORGE ODHIAMBO OUMAfaced an information on the murder COLLINS OTIENO.The plea was taken before Hon. D. S. Majanja J. on 02/09/2014.
2. The accused person denied the charge and thereafter the prosecution called a total of eight witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered 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. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby duly complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 30th day of March 2017.
A. C. MRIMA
JUDGE