[2024] KEHC 2151 (KLR)
The court found that, based on the evidence of nine prosecution witnesses, a prima facie case had been established against the accused, Simon Otieno Onyango alias Amiso, for the alleged murder of Phillip Kipkorir Kirong. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable...
Source-derived case information.
- Citation
- [2024] KEHC 2151 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Otieno Onyango alias Amiso
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Otieno Onyango alias Amiso
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him to be placed on his defence.
- 2 Whether the accused's constitutional rights, including the presumption of innocence, have been upheld at this stage.
Ratio Decidendi
The court found that, based on the evidence of nine prosecution witnesses, a prima facie case had been established against the accused, Simon Otieno Onyango alias Amiso, for the alleged murder of Phillip Kipkorir Kirong. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt, but only whether there is sufficient evidence to require the accused to present a defence. The court also reiterated the accused's constitutional right to be presumed innocent and not to be compelled to testify. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code and...
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused, Simon Otieno Onyango alias Amiso, is found to have a case to answer and is placed on his defence for the alleged murder of Phillip Kipkorir Kirong.
- The provisions of Section 306(2) of the Criminal Procedure Code as read with Article 50(2) of the Constitution shall be explained to the accused in the presence of his advocate.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Onyango (Criminal Case E007 of 2022) [2024] KEHC 2151 (KLR) (6 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2151 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E007 of 2022
RE Aburili, J
March 6, 2024
Between
Republic
Prosecutor
and
Simon Otieno Onyango alias Amiso
Accused
Ruling
1. The accused person Simon Otieno Onyango alias Amiso is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the information dated 16th March 2022 are that on the 22nd day of February 2022 at Nyawan Village, in Kisumu East Sub-county within Kisumu County, the accused person murdered Phillip Kipkorir Kirong.
3. The accused person took plea on 29th March 2022 and denied committing the offence.
4. The prosecution called 9 witnesses who testified and were cross examined by the defence counsel. The prosecution has now closed its case and the question is whether considering the evidence adduced by the 9 prosecution witnesses, the court can say that a prima facie case has been established against the accused person to warrant him to be placed on his defence.
5. It should however be noted that the accused person’s rights to be presumed innocent is guaranteed by the Constitution at Article 50(2) and that he is therefore under no duty to prove his innocent or to give evidence explaining what transpired as per the information.
6. At this stage, however, the prosecution is not being called upon to demonstrate that it has proved its case against the accused person beyond reasonable doubt, but to establish a prima facie case against the accused person.
7. In addition, should the court, upon examining the evidence on record be of the view that a prima facie case has been established, then it should not delve deep into the merits of the case as that would prejudice the accused person who has not had an opportunity to be heard in defence.
8. In the instant case, considering the evidence of the 9 prosecution witnesses, I am persuaded that the prosecution has made out a prima facie case against the accused person to warrant him to be placed on his defence.
9. Accordingly, I find that the accused person Simon Otieno Onyango alias Amiso has a case to answer and it placed on his defence for the alleged murder of Phillip Kipkorir Kirong.
10. The provisions of Section 306(2) of the Criminal Procedure Code as read with Article 50(2) of the Constitution shall be explained to the accused person in the presence of his advocate.
11. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MARCH, 2024R. E. ABURILIJUDGE