[2023] KEHC 23292 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused, Brian Otieno Ongalo, for the murder of Brian Kavogi Nyaleso. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2023] KEHC 23292 (KLR)
- Parties
- Applicant: Republic; Defendant: Brian Otieno Ongalo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case (case to Answer)
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Brian Otieno Ongalo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case (case to Answer)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused, Brian Otieno Ongalo, for the murder of Brian Kavogi Nyaleso. The evidence presented was sufficient to require the accused to be placed 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 hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 10th November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Ongalo (Criminal Case 13 of 2019) [2023] KEHC 23292 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23292 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 13 of 2019
A. Ong’injo, J
October 5, 2023
Between
Republic
Prosecutor
and
Brian Otieno Ongalo
Accused
Ruling
1. The accused Brian Otieno Ongalo faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
2. Particulars of the offence are that Brian Otieno Ongalo on the 7th day of July 2019 at Shauri Yako area, Nyali Sub-County within Mombasa County murdered Brian Kavogi Nyaleso.
3. The prosecution called 6 witnesses to support its case. Counsel for the accused person did not file submissions. From the evidence of the 6 prosecution witnesses, this court finds that a prima facie case has been established sufficient to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 5TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Mr. Ngiri for the StateMr. Ganzala Advocate for the AccusedAccused present in personORDER: Defence hearing on 10. 11. 2023. Notice to defence counsel by registry.HON. LADY JUSTICE A. ONG’INJOJUDGE