[2022] KEHC 16914 (KLR)
The court found that the prosecution had adduced evidence through its witnesses that placed all the accused persons at the scene of the crime. This evidence was deemed sufficient to establish a prima facie case against each accused. Consequently, the court ruled that the accused persons should be put on their...
Source-derived case information.
- Citation
- [2022] KEHC 16914 (KLR)
- Parties
- Applicant: Republic; Defendant: Wycliffe Tsuma Ogonji; Defendant: Bramwell Mukuna Amwayi; Defendant: Peris Nyapera Amwayi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2017
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wycliffe Tsuma Ogonji
Defendant
Bramwell Mukuna Amwayi
Defendant
Peris Nyapera Amwayi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced evidence through its witnesses that placed all the accused persons at the scene of the crime. This evidence was deemed sufficient to establish a prima facie case against each accused. Consequently, the court ruled that the accused persons should be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The decision was based on the standard that, at this stage, the court is not required to determine guilt but only whether there is sufficient evidence to require the accused to answer the case.
Court Disposition
Accused persons put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Ogonji & 2 others (Criminal Case 4 of 2017) [2022] KEHC 16914 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16914 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 4 of 2017
WM Musyoka, J
December 23, 2022
Between
Republic
Prosecution
and
Wycliffe Tsuma Ogonji
1st Accused
Bramwell Mukuna Amwayi
2nd Accused
Peris Nyapera Amwayi
3rd Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing and seeing all the witnesses testify herein.
2. Am persuaded that the Republic has established a prima facie case against the accused persons, for they were all placed at the scene by the witnesses, and I hereby put them on their defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23rdDAY OF December 2022WM MUSYOKAJUDGEMr Erick Zalo, Court Assistant.Ms Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr Arwanda, Advocate for the accused person.