[2024] KEHC 4104 (KLR)
The court found that, upon reviewing the record and hearing all prosecution witnesses, the evidence presented by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with Section...
Source-derived case information.
- Citation
- [2024] KEHC 4104 (KLR)
- Parties
- Applicant: Republic; Defendant: Humphrey Opiyo Oduor
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his 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
Humphrey Opiyo 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 person to warrant putting him on his defence.
Ratio Decidendi
The court found that, upon reviewing the record and hearing all prosecution witnesses, the evidence presented by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put 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 put on his defence.
Orders
- The accused is put on his defence.
- Defence hearing to be scheduled on a date to be appointed.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Oduor (Criminal Case E012 of 2023) [2024] KEHC 4104 (KLR) (26 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4104 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E012 of 2023
WM Musyoka, J
April 26, 2024
Between
Republic
Prosecution
and
Humphrey Opiyo Oduor
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 person, and I do find that he has a case to answer, and I accordingly put him on his 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. Shihemi, Advocate for the accused persons.