[2017] KEHC 633 (KLR)
The court, after reviewing the evidence of six prosecution witnesses and the submissions of the defence, found that the prosecution had established a prima facie case against the accused. This finding necessitated that the accused be put on his defence in accordance with Section 306(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2017] KEHC 633 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaiah Otieno Ogola
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaiah Otieno Ogola
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 putting him on his defence.
Ratio Decidendi
The court, after reviewing the evidence of six prosecution witnesses and the submissions of the defence, found that the prosecution had established a prima facie case against the accused. This finding necessitated that the accused be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence, if uncontroverted, could potentially result in a conviction, thus meeting the threshold for a case to answer.
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
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 106 OF 2014
REPUBLIC........................................PROSECUTOR
=VERSUS-=
ISAIAH OTIENO OGOLA.....................ACCUSED
RULING
1. On 14/11/2014, the accused person herein was charged with the murder of oneJUDITH ADHIAMBO OGOLA.The accused persons denied the charge and thereafter the case was set for hearing. The prosecution called a total of six witnesses in its bid to prove the charge against the accused person.
2. This Court has carefully perused the record and the evidence tendered and the written submissions by the Defence Counsel and is satisfied that the prosecution has established a prima-facie case against the accused person.
3. Consequently, the accused person herein is hereby put on his defense. Section 306(2) of the Criminal Procedure Code duly complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 31st day of July 2017.
A. C. MRIMA
JUDGE