[2019] KEHC 8648 (KLR)
The court found that the prosecution had adduced sufficient evidence through its 10 witnesses to establish a prima facie case against the accused persons. This finding was made after considering all the evidence on record. As a result, the court held that the accused persons should be placed on their defence in...
Source-derived case information.
- Citation
- [2019] KEHC 8648 (KLR)
- Parties
- Applicant: Republic; Defendant: John Otieno Okumu; Defendant: Samuel Onyango Odhiambo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused persons placed on their defence
- 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 Otieno Okumu
Defendant
Samuel Onyango Odhiambo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its 10 witnesses to establish a prima facie case against the accused persons. This finding was made after considering all the evidence on record. As a result, the court held that the accused persons should be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that there is enough evidence for the accused to be called upon to answer the charge.
Court Disposition
accused persons placed on their defence
Orders
- The accused persons are hereby placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 21 OF 2017
REPUBLIC .................................................................................................PROSECUTOR
-versus-
1. JOHN OTIENO OKUMU
2. SAMUEL ONYANGO ODHIAMBO…………………………................... ACCUSED
RULING
1. The accused persons herein were jointly charged on 09/10/2017 with another not before court for the murder of oneSamuel Otieno Oyoo.
2. The accused persons denied the charge and a trial was held. The prosecution called 10 witnesses.
3. This Court has patiently considered the evidence on record. I am 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 11th day of April 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. MwitaCounsel for the Accused persons.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant