[2025] KEHC 10362 (KLR)
The court found that the prosecution's evidence, particularly the testimonies of the deceased's mother, brother, and sister, as well as the investigating officer, placed the accused persons at the scene of the crime and directly implicated them in the assault that led to the deceased's death. The deceased's dying...
Source-derived case information.
- Citation
- [2025] KEHC 10362 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Oduor Owuor alias Woria; Defendant: Erick Odhiambo Ouma
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case (Murder) E029 of 2024
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused persons found to have a case to answer and called upon to make their defence.
- Judges
- DK Kemei
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kennedy Oduor Owuor alias Woria
Defendant
Erick Odhiambo Ouma
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them to be put on their defence.
- 2 Whether the evidence presented is sufficient to sustain a conviction if the accused elect to remain silent.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the testimonies of the deceased's mother, brother, and sister, as well as the investigating officer, placed the accused persons at the scene of the crime and directly implicated them in the assault that led to the deceased's death. The deceased's dying declaration to his family members, corroborated by the medical evidence of cause of death, was deemed credible and sufficient to establish a prima facie case. The court held that the prosecution had met the threshold required at this stage, and the accused persons must be called upon to make their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and called upon to make their defence.
Orders
- Kennedy Oduor Owuor alias Woria and Erick Odhiambo Ouma are found to have a case to answer.
- The accused persons are called upon to elect to conduct their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Oduor & another (Criminal Case (Murder) E029 of 2024) [2025] KEHC 10362 (KLR) (18 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10362 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case (Murder) E029 of 2024
DK Kemei, J
July 18, 2025
Between
Republic
Prosecution
and
Kennedy Oduor alias Woria
1st Accused
Erick Odhiambo Ouma
2nd Accused
Ruling
1. The accused herein Kennedy Oduor Owuor alias Woria and Erick Odhiambo Ouma have been charged with an offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 22nd day of May, 2024 at around 0100 hrs in Nyakongo village, North Alego Location in Siaya Sub County, within Siaya County unlawfully murdered Dalton Odhiambo Angor.
2. The prosecution called a total of six witnesses in support of its case.
2. The prosecution’s case is that on the material date, the deceased sneaked out of his house to go and attend a certain funeral vigil at a nearby home and where there was some disco dance and while there, he was accosted by the two accused herein and who assaulted him with pangas. That the deceased tried to rush to his home and met his mother on the way and informed her that he had been assaulted by the two accused persons herein. The mother (PW1), brother (PW2) and sister (PW3) rushed him to hospital for treatment but he later passed on. An autopsy was conducted on 4th May 2024 by Dr. Erick Okong’o (PW5) who formed the opinion that the cause of death was severe head injury and who produced the autopsy report as an exhibit. The accused was later arrested by No. 256775 PC Langat Dominic (PW6) and who later preferred the present charges.
2. At the close of the prosecution's case, learned counsels for the parties opted not to tender submissions on a case to answer and relied on the evidence already presented.
2. At this stage of the proceedings, the prosecution is under a duty to establish a prima facie case against the accused persons so as to warrant them make a defence. A prima facie case is one in which a reasonable tribunal directing its mind to the law and evidence can convict an accused if no evidence is tendered by the defence to the contrary. What this means is that the evidence that has been presented should be sufficient to sustain a conviction against the accused person were they to elect to remain silent in defence. See Bhatt Vs. Republic (1957) EA 332.
2. After analyzing the evidence of the prosecution’s witnesses, it is clear that the evidence of PW1, PW2, PW3 and PW6 placed the accused persons at the scene of crime. The accused persons are said to have quarreled with the deceased at the funeral vigil venue and that they attacked him with pangas as the deceased tried to run to his home. The deceased informed his mother, brother and sister that the two accused persons had attacked him at a funeral vigil. The three rushed him to hospital but he later died of his injuries. Irate members of public sought for the accused persons over the killing of the deceased and that the 1st accused herein on sensing that his life was in danger, sought refuge at Siaya Police Station where he was arrested and booked in the cells. The 2nd accused was later arrested in August 2024 when he returned back to the village after being in hiding. The accused persons having been placed at the scene of crime must now offer an explanation as to how the deceased met his death.
2. In view of the foregoing observations, it is my finding that the prosecution has established a prima facie case against the accused herein to warrant him to be called upon to make a defence. Consequently, I find Kennedy Oduor Owuor alias Woria and Erick Odhiambo Ouma have a case to answer. They are now called upon to elect to conduct their defence in accordance with the provisions of Section 306 (2) of the Criminal Procedure Code.
DATED AND DELIVERED AT SIAYA THIS 18TH DAY OF JULY 2025. D. KEMEIJUDGEIn the presence of:Kennedy oduor alias Woria.....1st AccusedErick Odhimbo Ouma..........2nd AccusedOchanyo……….for 1st AccusedOduol………………..for 2nd AccusedM/s Kerubo………………for RespondentOkumu………………Court Assistant