[2024] KEHC 1258 (KLR)
The court found that the evidence adduced by the prosecution, through six witnesses, sufficiently connected the accused to the circumstances surrounding the deceased's last movements and company. This evidence met the threshold for a prima facie case as required by law, thereby necessitating that the accused be...
Source-derived case information.
- Citation
- [2024] KEHC 1258 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Were Olungu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be placed on his defence.
- Judges
- PJO Otieno
- Legal Topics
- Murder Trial, 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
Jeremiah Were Olungu
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 his being placed on his defence.
Ratio Decidendi
The court found that the evidence adduced by the prosecution, through six witnesses, sufficiently connected the accused to the circumstances surrounding the deceased's last movements and company. This evidence met the threshold for a prima facie case as required by law, thereby necessitating that the accused be placed on his defence to answer to the charge.
Court Disposition
Accused found to have a case to answer and ordered to be placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing set for 23/5/2024.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Olungu (Criminal Case 15 of 2018) [2024] KEHC 1258 (KLR) (9 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1258 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 15 of 2018
PJO Otieno, J
February 9, 2024
Between
Republic
Prosecution
and
Jeremiah Were Olungu
Accused
Ruling
1. An appraisal of the evidence by the six witnesses called by the prosecution connect the Accused with the company and last movements of the deceased. The Court finds that a prima facie case has been established to merit the accused being placed on his defence. He has a case to answer.
2. Defence hearing on 23/5/2024.
DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 9TH DAY OF FEBRUARY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. Mburu for Mukavale for the AccusedAccused presentCourt Assistant: Polycap Mukabwa