[2024] KEHC 3409 (KLR)
The court found that the prosecution, having called six witnesses and adduced both oral and documentary evidence, established a prima facie case against the accused, Japheth Ojwang Otieno, for the offence of murder. The court emphasized that at this stage, it is not required to analyze the evidence in detail but...
Source-derived case information.
- Citation
- [2024] KEHC 3409 (KLR)
- Parties
- Applicant: Republic; Defendant: Japheth Ojwang Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2023
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Close of Prosecution Case
- Outcome
- accused placed on his defence
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Japheth Ojwang Otieno
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses and adduced both oral and documentary evidence, established a prima facie case against the accused, Japheth Ojwang Otieno, for the offence of murder. The court emphasized that at this stage, it is not required to analyze the evidence in detail but only to determine if there is sufficient evidence to warrant the accused being placed on his defence. The court was satisfied that the threshold had been met and accordingly ordered the accused to be put on his defence, while explaining his constitutional and procedural rights regarding the mode of defence.
Court Disposition
accused placed on his defence
Orders
- The accused, Japheth Ojwang Otieno, is placed on his defence for the offence of murder.
- The rights of the accused under Article 50(2)(i),(k),(l) of the Constitution and Section 306(2) of the Criminal Procedure Code are explained to him in the presence of his advocate.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Otieno (Criminal Case E016 of 2023) [2024] KEHC 3409 (KLR) (3 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3409 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E016 of 2023
RE Aburili, J
April 3, 2024
Between
Republic
Prosecutor
and
Japheth Ojwang Otieno
Accused
Ruling
1. The accused person herein Japheth Ojwang Otieno is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the offence as per the information dated 23rd June 2023 are that on the 5th day of June 2023 at around 10:30hrs in Kibos Market in Kisumu East Sub County within Kisumu County, he murdered Alphonse Okuku Ongojo Kasera.
3. The accused person took plea on 6th July 2023 and denied committing the offence.
4. The trial commenced on 13th December 2023. The prosecution has called six (6) witnesses who have testified in support of its case which was closed on 1st February 2024.
5. What now remains is the determination of whether the prosecution have made out a prima facie case to warrant the accused person being placed on his defence.
6. At this stage, the court is not expected to analyze the evidence of each of the prosecution witnesses in order to reach the findings.
7. Having considered the evidence on record both oral and documentary, I am satisfied that the prosecution has made out a prima facie case against the accused person Japheth Ojwang Otieno who is hereby placed on his defence.
8. The provisions of Article 50(2)(i),(k) and (l) of the Constitution and Section 306(2) of the Criminal Procedure Code on the rights of the accused person are hereby explained to the accused person in the presence of his advocate whom the accused person is free to consult on the mode of defence that he prefers.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF APRIL, 2024R. E. ABURILIJUDGE