[2018] KEHC 7482 (KLR)
The court, after reviewing the evidence presented by the prosecution, found that a prima facie case had been established against each of the accused persons. This finding was based on the testimonies of seven prosecution witnesses and the overall record, which, in the court's view, was sufficient to require the...
Source-derived case information.
- Citation
- [2018] KEHC 7482 (KLR)
- Parties
- Applicant: Republic; Defendant: John Miller Okeyo; Defendant: Alfayo Okinyi Ouma alias Dan; Defendant: Alex Nyangoro Vijedi
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2015
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case Under Section 306(2) of the Criminal Procedure Code
- Outcome
- accused persons placed on their defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Criminal Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Miller Okeyo
Defendant
Alfayo Okinyi Ouma alias Dan
Defendant
Alex Nyangoro Vijedi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case Under Section 306(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be placed on their defense.
Ratio Decidendi
The court, after reviewing the evidence presented by the prosecution, found that a prima facie case had been established against each of the accused persons. This finding was based on the testimonies of seven prosecution witnesses and the overall record, which, in the court's view, was sufficient to require the accused to answer to the charge. Accordingly, the court ordered the accused persons to be placed on their defense in compliance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused persons placed on their defense
Orders
- The accused persons are hereby placed on their defense pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 19 OF 2015
REPUBLIC .................................................................PROSECUTOR
-versus-
JOHN MILLER OKEYO
ALFAYO OKINYI OUMA alias DAN
ALEX NYANGORO VIJEDI...............................................ACCUSED
RULING
1. On 16/04/2015, the Accused persons herein were charged with the murder of oneBRIAN OUMA TOM.
2. The accused persons denied the charge and the hearing of the case was conducted. The prosecution called a total of seven witnesses in its bid to prove the charge against the accused persons.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against each of the accused persons to warrant them be placed on their defenses.
4. Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 22nd day of March 2018.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. Marvin OderoCounsel for the Accused persons.
Miss Monica Owenga,Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the Prosecutor.
Miss Nyauke– Court Assistant.