[2024] KEHC 1351 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused persons. The judge, having heard all the prosecution witnesses and reviewed the record, determined that the threshold for putting the accused on their defence had been met. Consequently, the...
Source-derived case information.
- Citation
- [2024] KEHC 1351 (KLR)
- Parties
- Applicant: Republic; Defendant: Kevin Ongoro; Defendant: Joseph Ongoro Wanjala; Defendant: Semi Onduodo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kevin Ongoro
Defendant
Joseph Ongoro Wanjala
Defendant
Semi Onduodo
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 persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused persons. The judge, having heard all the prosecution witnesses and reviewed the record, determined that the threshold for putting the accused on their defence had been met. Consequently, the accused were called upon to present their defence in accordance with the law.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons are put on their defence.
- The defence hearing shall be scheduled on a date to be appointed at the delivery of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Ongoro & 2 others (Criminal Case E020 of 2023) [2024] KEHC 1351 (KLR) (16 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1351 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E020 of 2023
WM Musyoka, J
February 16, 2024
Between
Republic
Prosecution
and
Kevin Ongoro
1st Accused
Joseph Ongoro Wanjala
2nd Accused
Semi Onduodo
3rd Accused
Ruling
1. I have perused the record herein, and I had the benefit of hearing all the witnesses who testified.
2. I am persuaded that the prosecution has established a prima facie case against the accused persons, and I do find that they have a case to answer, and I accordingly put them on their defence.
3. The defence hearing shall happen on a date to be appointed at the delivery of this ruling.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 16TH DAY OF FEBRUARY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Chepkonga, instructed by the Director of Public Prosecutions, for the Republic.Mr. Ouma, Advocate for the Accused Persons.