[2024] KEHC 4102 (KLR)
The court found that, upon perusal of the record and after hearing all prosecution witnesses, the evidence presented by the prosecution established a prima facie case against the accused persons. Consequently, the accused were found to have a case to answer and were put on their defence in accordance with Section...
Source-derived case information.
- Citation
- [2024] KEHC 4102 (KLR)
- Parties
- Applicant: Republic; Defendant: Fred Otieno Obembi; Defendant: James Otieno Onyango; Defendant: Evans Juma Oduor
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- WM Musyoka
- 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
Fred Otieno Obembi
Defendant
James Otieno Onyango
Defendant
Evans Juma Oduor
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 putting them on their defence.
Ratio Decidendi
The court found that, upon perusal of the record and after hearing all prosecution witnesses, the evidence presented by the prosecution established a prima facie case against the accused persons. Consequently, the accused were found to have a case to answer and were put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met, and the matter would proceed to defence hearing.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons are found to have a case to answer and are put on their defence.
- The defence hearing shall be scheduled on a date to be appointed at the delivery of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Obembi & 2 others (Criminal Case E001 of 2023) [2024] KEHC 4102 (KLR) (26 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4102 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E001 of 2023
WM Musyoka, J
April 26, 2024
Between
Republic
Prosecution
and
Fred Otieno Obembi
1st Accused
James Otieno Onyango
2nd Accused
Evans Juma Oduor
3rd Accused
Ruling
1. I have perused the record herein, and I had the benefit of hearing all the witnesses who testified.
2. I am persuaded that the prosecution has established a prima facie case against the accused persons, and I do find that they have a case to answer, and I accordingly put them on their defence.
3. The defence hearing shall happen on a date to be appointed at the delivery of this ruling.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 26TH DAY OF APRIL 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Chepkonga, instructed by the Director of Public Prosecutions, for the Republic.Mr. Ouma, Advocate for the accused persons.