[2013] KEHC 5638 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused should be put on his defence to allow the court to fully determine the circumstances of the incident. The ruling is based on the principle that if, at the close of the...
Source-derived case information.
- Citation
- [2013] KEHC 5638 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Opiyo Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Opiyo Otieno
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 found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused should be put on his defence to allow the court to fully determine the circumstances of the incident. The ruling is based on the principle that if, at the close of the prosecution's case, there is evidence upon which a reasonable tribunal could convict, the accused must be called upon to answer the case.
Court Disposition
accused put on his defence
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CRIMINAL CASE NO. 11 OF 2006
REPUBLIC....................................................................................PROSECUTOR
VERSUS
JOSEPH OPIYO OTIENO....................................................................ACCUSED
R U L I N G
I have carefully perused the evidence so far as presented by the prosecution witnesses. I have equally heard the submissions from the defence counsel as well as that of the learned state counsel.
I am of the opinion that so as to come to the bottom of this incident there is need to put the accused person on his defence. The prosecution in other words has established a prima faciecase against the accused.
Dated, signed and delivered at Kisumu this 24th day of June, 2013.
H.K. CHEMITEI JUDGE
In the presence of:
…..............................for the accused
…..............................for the state
HKC/va