[2022] KEHC 17039 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused person, Islam Joseph Odhiambo Ogunda, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of...
Source-derived case information.
- Citation
- [2022] KEHC 17039 (KLR)
- Parties
- Applicant: Republic; Defendant: Islam Joseph Odhiambo Ogunda
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Islam Joseph Odhiambo Ogunda
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 putting him on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused person, Islam Joseph Odhiambo Ogunda, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court, therefore, ruled that the accused has a case to answer and should proceed to the defence stage of the trial.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence.
- Mention on 20.2.2023 for fixing a date for defence hearing.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Ogunda (Criminal Case 14 of 2020) [2022] KEHC 17039 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 17039 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 14 of 2020
A. Ong’injo, J
December 22, 2022
Between
Republic
Prosecutor
and
Islam Joseph Odhiambo Ogunda
Accused
Ruling
1. The accused person Islam Joseph Odhiambo Ogunda faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code cap 63 of the Laws of Kenya.
2. The particulars are that Islam Joseph Odhiambo Ogunda on the April 29, 2020 at Junda Area in Kisauni sub-county within Mombasa county, jointly with others not before court murdered Sadam Odhiambo Otieno. The prosecution called 6 witnesses to support its case that the accused person committee the offence herein. Counsel for the accused person did not file submissions and the matter was reserved or ruling.
3. From the evidence of the six witnesses, this court finds that the prosecution established aprima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.
Dated, signed and delivered in Open Court/online through MS TEAMS,this 22nd day of December 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Barile- Court AssistantMr. Ngiri for the StateMr. Ochieng’ Advocate for the Accused Person – No AppearanceHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Mention on 20. 2.2023 for fixing a date for defence hearing.HON. LADY JUSTICE A. ONG’INJOJUDGE