[2023] KEHC 25472 (KLR)
The court found that the prosecution, having called 19 witnesses, established a prima facie case against SGT John Otieno for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court was satisfied that the prosecution had met the...
Source-derived case information.
- Citation
- [2023] KEHC 25472 (KLR)
- Parties
- Applicant: Republic; Defendant: SGT John Otieno
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E025 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- case to answer found; accused to be put on his defence
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- 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
SGT John Otieno
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called 19 witnesses, established a prima facie case against SGT John Otieno for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court was satisfied that the prosecution had met the threshold for a case to answer under Section 306(2) of the Criminal Procedure Code. Accordingly, the accused was called upon to defend himself against the charge of murder.
Court Disposition
case to answer found; accused to be put on his defence
Orders
- The accused SGT John Otieno is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Otieno (Criminal Case E025 of 2021) [2023] KEHC 25472 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25472 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E025 of 2021
A. Ong’injo, J
November 16, 2023
Between
Republic
Prosecutor
and
SGT John Otieno
Accused
Ruling
1. The accused person SGT John Otieno faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. The particulars are that SGT John Otieno on the 13th day of August 2016 at Uwanja wa Mbuzi area within Kongowea Location within Mombasa County murdered Tony Katana.
3. The prosecution called 19 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person did not file submissions and the matter was reserved for ruling.
4. From the evidence of the 19 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF NOVEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE