[2025] KEHC 17061 (KLR)
The court found that the prosecution had adduced sufficient evidence linking the accused to the fatal stabbing of the deceased, which occurred during the daytime. The evidence presented established a prima facie case against the accused, thereby necessitating that she be placed on her defence in accordance with the...
Source-derived case information.
- Citation
- [2025] KEHC 17061 (KLR)
- Parties
- Applicant: Republic; Defendant: Electine Musinzi Oketch
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on her defence
- Judges
- AC Bett
- 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
Electine Musinzi Oketch
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 to warrant her being placed on her defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence linking the accused to the fatal stabbing of the deceased, which occurred during the daytime. The evidence presented established a prima facie case against the accused, thereby necessitating that she be placed on her defence in accordance with the legal threshold set out in precedent and statute. The court was satisfied that, if the accused chose to remain silent, a reasonable tribunal could convict on the evidence presented thus far.
Court Disposition
accused placed on her defence
Orders
- The accused is placed on her defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Oketch (Criminal Case 41 of 2019) [2025] KEHC 17061 (KLR) (10 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17061 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 41 of 2019
AC Bett, J
February 10, 2025
Between
Republic
Prosecutor
and
Electine Musinzi Oketch
Accused
Ruling
1. I have weighed the evidence adduced by the Prosecution. The incident occurred during the daytime. There is sufficient evidence linking the Accused to the stab wound that led to the deceased’s death. I am persuaded that the Prosecution has established a prima facie case against the Accused.
2. The Accused is therefore placed on her defence.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 10TH DAY OF FEBRUARY 2025. A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. K’ombwayo for the AccusedCourt Assistant: Polycap