[2023] KEHC 2938 (KLR)
The court found that the evidence presented by the prosecution through 8 witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. In the absence of any submissions from the defence, and upon consideration of the prosecution's case, the court held that the accused has a...
Source-derived case information.
- Citation
- [2023] KEHC 2938 (KLR)
- Parties
- Applicant: Republic; Defendant: David Onyango Ochieng
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Onyango Ochieng
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 for the offence of murder.
- 2 Whether the accused should be placed on his defence.
Ratio Decidendi
The court found that the evidence presented by the prosecution through 8 witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. In the absence of any submissions from the defence, and upon consideration of the prosecution's case, the court held that the accused has a case to answer and should be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 15/06/2023.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Ochieng (Criminal Case 26 of 2018) [2023] KEHC 2938 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2938 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 26 of 2018
A. Ong’injo, J
March 23, 2023
Between
Republic
Prosecution
and
David Onyango Ochieng
Accused
Ruling
1. The accused David Onyango Ochieng is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that David Onyango Ochieng on the May 21, 2018 at Shimo – la – Tewa in Kisauni sub-county within Mombasa murdered RuthCaster Katheu Mutuku.
3. The prosecution has tendered the evidence of 8 witnesses. The defence counsel was to file submissions by March 22, 2023 but none has been filed.
4. This court finds that the evidence of the 8 prosecution witnesses raise a prima facie case for the offence of murder. The accused has a case to answer and is placed on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 23 DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMr. Ngiri – Counsel for State – PresentAccused –Mr.Magolo J Advocate for accused & Magolo Paul Advocate hold briefHon. Lady Justice A. Ong’injoJudgeMr. Magolo Paul AdvocateWe request for a date for defence hearing.Order – Defence hearing – 15/06/2023Hon. Lady Justice A. Ong’injoJudgeCR. Case 26. 2018 Page 3 of 3 A. Ong’injo J