[2024] KEHC 4981 (KLR)
The court, after considering the evidence of six prosecution witnesses, found that the prosecution had established a prima facie case against the accused. Applying the principle from BHATT v R (1957) EA 332, the court held that the evidence presented, if unchallenged, would be sufficient to convict. Therefore, the...
Source-derived case information.
- Citation
- [2024] KEHC 4981 (KLR)
- Parties
- Applicant: Republic; Defendant: Sephen Ochieng Otieno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E033 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put to his defence.
- Judges
- DO Ogembo
- 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
Sephen Ochieng 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 being put on his defence.
Ratio Decidendi
The court, after considering the evidence of six prosecution witnesses, found that the prosecution had established a prima facie case against the accused. Applying the principle from BHATT v R (1957) EA 332, the court held that the evidence presented, if unchallenged, would be sufficient to convict. Therefore, the accused was found to have a case to answer and was put to his defence.
Court Disposition
Accused found to have a case to answer and put to his defence.
Orders
- The accused is found to have a case to answer and is put to his defence.
- Defence hearing fixed for 2nd July 2024.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Otieno (Criminal Case E033 of 2022) [2024] KEHC 4981 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4981 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E033 of 2022
DO Ogembo, J
May 14, 2024
Between
Republic
Prosecution
and
Sephen Ochieng Otieno
Accused
Ruling
1. The Prosecution has called a total of 6 witnesses in this matter. This case is now for the ruling of the court on whether a prima facie case has been established against the accused that would warrant the accused being placed to his own defence. In the case of BHATT –VS. R (1957) EA 332, it was held that a prima facie case is established when a court properly constituted would convict the accused should the accused offer no evidence in rebuttal.
2. I have considered the evidence of the 6 prosecution witnesses. I am convinced that a prima facie case has been established by the prosecution. I accordingly find that the accused has a case to answer and I put him to his own defence. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 14TH DAY OF MAY, 2024. D. O. OGEMBOJUDGE14/5/2024CourtRuling read out in Open Court in presence of the Accused, Mr. Were for Accused and Ms. Kerubo for State.D. O. OGEMBOJUDGE14/5/2024CourtCase fixed for defence.WereI have fixed for instructions that accused will give sworn evidence. We shall not call any other witness.CourtMatter fixed for defence. Defence hearing on 2/7/2024. D. O. OGEMBOJUDGE14/5/2024SIAYA HC CRIMINAL CASE NO. E033 OF 2022 RULING Page 2 of 2