[2003] KEHC 140 (KLR)
Upon reviewing the evidence adduced by the nine prosecution witnesses and the exhibits produced, the court found that there was sufficient evidence on record to establish a prima facie case against the accused. This warranted the accused being put on his defence in accordance with section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2003] KEHC 140 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Otieno Saka
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 6 of 2002
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joel Otieno Saka
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
Upon reviewing the evidence adduced by the nine prosecution witnesses and the exhibits produced, the court found that there was sufficient evidence on record to establish a prima facie case against the accused. This warranted the accused being put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court did not receive submissions from either counsel but was satisfied that the threshold for a prima facie case had been met based on the evidence presented.
Court Disposition
Accused put on his defence.
Orders
- The accused person is put on his defence.
- Provisions of section 306(2) of the Criminal Procedure Code are explained to the accused.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICRIMINAL CASE NO.6 OF 2002
REPUBLIC………………………………………………………….. STATE COUNSEL VERSUS JOEL OTIENO SAKA ……………………………………………………… ACCUSED
RULING:
The accused person JOEL OTIENO SAKA has been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, in that it is alleged on the 11th day of March 2001 at East Kanyanda Location in Homa Bay District within Nyanza Province, the accused person jointly with another not before the court, they murdered PETER OMONDI ODUOR.
At the close of prosecution case, nine witnesses had testified on behalf of the prosecution and both counsels have made no submissions whether a prima facie case has been established which would warrant the accused being put on his defence.
I have gone through the evidence on the court record so far produced and I have seen the exhibits that have been produced in court and it is clear that there is sufficient evidence on the court record to warrant the accused person to be put on his defence. Consequently, the accused person is put on his defence and the provisions of section 306(2) of the Criminal Procedure Code are explained to him.
Dated and delivered at Kisii this 15th day of August 2003.
P.K.K.A. BIRECH
COMMISSIONER OF ASSIZE