[2020] KEHC 6575 (KLR)
The court found that the prosecution, having called seven witnesses, had established a prima facie case against the accused, James Odhiambo Otieno Alias Cheda, for the murder of Tobias Ayiemba Atito. The evidence presented, if left unchallenged, could lead to a conviction. Therefore, the accused was found to have a...
Source-derived case information.
- Citation
- [2020] KEHC 6575 (KLR)
- Parties
- Applicant: Republic; Defendant: James Odhiambo Otieno Alias Cheda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused put on his defence
- 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
James Odhiambo Otieno Alias Cheda
Defendant
Procedural Posture
Criminal Trial / 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.
- 2 Whether the evidence adduced, if uncontroverted, would lead to a conviction for murder.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, had established a prima facie case against the accused, James Odhiambo Otieno Alias Cheda, for the murder of Tobias Ayiemba Atito. The evidence presented, if left unchallenged, could lead to a conviction. Therefore, the accused was found to have a case to answer and was put to his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused put on his defence
Orders
- The accused, James Odhiambo Otieno Alias Cheda, is found to have a case to answer and is put to his defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
HCCRC NO. 23 OF 2018
PROSECUTOR.........................................................................REPUBLIC
VERSUS
JAMES ODHIAMBO OTIENOAliasCHEDA.......................ACCUSED
RULING
The prosecution has called 7 witnesses.
1. Having given due consideration to the evidence tendered, I find that it has established a prima facie case against the accused.
2. I find that if the accused failed to offer any evidence which might help exonerate him, there is a real possibility that the Court will find him culpable for the murder of TOBIAS AYIEMBA ATITO.
3. In the result the accused, JAMES ODHIAMBO OTIENOAliasCHETA, has a case to answer, he is therefore put to his defence.
DATED, SIGNED and DELIVERED at KISUMU This 29th day of April 2020
FRED A. OCHIENG
JUDGE