[2024] KEHC 14911 (KLR)
The court found that the prosecution, having called six witnesses, had established a prima facie case against all five accused persons. The evidence on record was sufficient to require the accused to be put on their defence, as per the threshold set out in Section 306(2) of the Criminal Procedure Code. The absence...
Source-derived case information.
- Citation
- [2024] KEHC 14911 (KLR)
- Parties
- Applicant: Republic; Defendant: Zablon Aruka Kong’O; Defendant: Patrick Isilaba Ang’Ana Alias Paulo; Defendant: Zedekia Sawango Okwaro; Defendant: Patrick Sango Okwaro Alias Party; Defendant: Antony Osinde Okwaro
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons put on their defence.
- Judges
- JN Kamau
- 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
Applicant
Zablon Aruka Kong’O
Defendant
Patrick Isilaba Ang’Ana Alias Paulo
Defendant
Zedekia Sawango Okwaro
Defendant
Patrick Sango Okwaro Alias Party
Defendant
Antony Osinde Okwaro
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 persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, had established a prima facie case against all five accused persons. The evidence on record was sufficient to require the accused to be put on their defence, as per the threshold set out in Section 306(2) of the Criminal Procedure Code. The absence of written submissions from the accused did not affect the court's determination, as the decision was based on the prosecution's evidence. Consequently, all accused persons were ordered to be put on their defence.
Court Disposition
Accused persons put on their defence.
Orders
- The 1st, 2nd, 3rd, 4th and 5th accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Kong’o & 4 others (Criminal Case 40 of 2021) [2024] KEHC 14911 (KLR) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14911 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 40 of 2021
JN Kamau, J
November 28, 2024
Between
Republic
Prosecution
and
Zablon Aruka Kong’O
1st Accused
Patrick Isilaba Ang’Ana Alias Paulo
2nd Accused
Zedekia Sawango Okwaro
3rd Accused
Patrick Sango Okwaro Alias Party
4th Accused
Antony Osinde Okwaro
5th Accused
Ruling
1. This matter was partly heard by Njagi and Musyoka JJ. This court became seized of the same on 8th March 2023. The parties asked it to proceed from where the same had reached.
2. On 30th September 2024, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses. It indicated that it would not file Written Submissions on the question of whether or not the Accused person had a case to answer but would rely on the evidence on record. On their part, the 1st, 2nd, 3rd, 4th and 5th Accused persons sought for time to file their Written Submissions. The court directed that they file the same by 14th October 2024. However, as at the time of writing this Ruling, their Written Submissions had not been uploaded on the e-filing portal.
3. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the 1st, 2nd, 3rd, 4th and 5th Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.
4. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF NOVEMBER 2024J. KAMAUJUDGE