[2024] KEHC 15206 (KLR)
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Peterlis Opiyo Obudo, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2024] KEHC 15206 (KLR)
- Parties
- Applicant: Republic; Defendant: Peterlis Opiyo Obudo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found with a case to answer and placed on his defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peterlis Opiyo Obudo
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 placing him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Peterlis Opiyo Obudo, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not delve into the merits of each witness's testimony at this stage but was satisfied that the threshold for a case to answer had been met. The accused was accordingly informed of his rights under Article 50(2) of the Constitution and placed on his defence.
Court Disposition
Accused found with a case to answer and placed on his defence.
Orders
- The accused Peterlis Opiyo Obudo is found with a case to answer and is placed on his defence.
- Provisions of Article 50(2)(i),(k),(l) of the Constitution and Section 306(2) of the Criminal Procedure Code explained to the accused in the presence of his counsel.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Obudo (Criminal Case E024 of 2021) [2024] KEHC 15206 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15206 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E024 of 2021
RE Aburili, J
December 3, 2024
Between
Republic
Prosecutor
and
Peterlis Opiyo Obudo
Accused
Ruling
1. The accused person Peterlis Opiyo Obudo is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the information dated 10th August 2021 are that on 24th day of July 2021 at Amilo village, Kabar East Sub location, North East Kano Location, in Muhoroni Sub-county, within Kisumu County, the accused person murdered George Owino Otiu.
3. The accused person took plea on 2nd September 2021 before F. Amin J, recess duty Judge at Kakamega denying the charge.
4. The prosecution have called 8 witnesses who have testified in support of its case against the accused and closed its case on 26th November 2024.
5. The question is whether a prima facie case has been established to warrant the court placing the accused person.
6. Having considered the evidence of the 8 prosecution witnesses and without delving deep into the merits of what each of the witnesses stated on oath, I am satisfied that a prima facie case has been established to warrant the accused to be placed on his defence.
7. Accordingly, the accused person Peterlis Opiyo Obudo is hereby found with a case to answer and is placed on his defence.
8. The provisions of Article 50(2) (i,k,l) of the Constitution as read with Section 306(2) of the Criminal Procedure Code are hereby explained to the accused person in the presence of his counsel.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF DECEMBER, 2024R. E. ABURILIJUDGE