[2024] KEHC 5298 (KLR)
The court found that, upon considering the evidence of the seven prosecution witnesses, a prima facie case had been established against the accused, Margaret Achieng Otieno, sufficient to require her to be placed on her defence. The court emphasized that at this stage, it is not required to make a definitive finding...
Source-derived case information.
- Citation
- [2024] KEHC 5298 (KLR)
- Parties
- Applicant: Republic; Defendant: Margaret Achieng Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E010 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found with a case to answer and placed on her defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Margaret Achieng Otieno
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 her being placed on her defence.
- 2 Whether the evidence adduced by the prosecution, if uncontroverted, would warrant a conviction.
Ratio Decidendi
The court found that, upon considering the evidence of the seven prosecution witnesses, a prima facie case had been established against the accused, Margaret Achieng Otieno, sufficient to require her to be placed on her defence. The court emphasized that at this stage, it is not required to make a definitive finding of guilt or to prove the case beyond reasonable doubt, but only to determine whether the evidence, if uncontroverted, would warrant a conviction. The court further noted that the burden of proof remains with the prosecution and that the accused retains her constitutional rights, including the presumption of innocence and the right to remain silent. Accordingly, the accused was...
Court Disposition
Accused found with a case to answer and placed on her defence.
Orders
- The accused, Margaret Achieng Otieno, is found with a case to answer and is placed on her defence to answer to the charge of murder as per Information dated 18th May 2023.
- Provisions of Article 50(2)(i)(k)(l) of the Constitution and Section 306(2) of the Criminal Procedure Code are read out and explained to the accused in the presence of her counsel.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v Otieno (Criminal Case E010 of 2023) [2024] KEHC 5298 (KLR) (20 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5298 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E010 of 2023
RE Aburili, J
May 20, 2024
Between
Republic
Prosecution
and
Margaret Achieng Otieno
Accused
Ruling
1. The accused person Margaret Achieng 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 18th May 2023 are that on the 7th day of May, 2023 at Kisumu Kanyakwar in Kisumu Central District within Kisumu County, she murdered Regan Otiende Otieno.
3. The accused person was mentally examined by Dr. L. Nyamute a Consultant Psychiatrist at JOOTRH on 23rd May 2023 and a report filed in court on 25th May 2023 to the effect that she was 21 years old and was fit to stand trial.
4. The accused therefore took plea on 25th May 2023 represented by Mr. Orego Advocate. The accused denied the charge of murder as read out to her and a plea of Not guilty was entered.
5. The prosecution has called seven (7) witnesses who have testified in support of its case, and closed the case on 13th May 2024.
6. The question now is whether the prosecution has established a prima facie case to warrant the accused to be placed on her defence.
7. The burden of proof lies on the prosecution throughout the trial to prove its case against the accused person beyond reasonable doubt.
8. That burden does not shift to the defence because the accused person carried no duty or obligation to exonerate self from culpability.
9. The accused person enjoys the constitutionally guaranteed right of being presumed innocent until proven guilty to remain silent and not to give self-incriminating evidence, among other rights under Article 50(2) of the Constitution.
10. At this stage, however, the prosecution is not expected to have proved the case against the accused person beyond reasonable doubt, but to establish a prima facie case.
11. On the other hand, if the court which has heard the evidence by the prosecution witness is of the view that such prima facie case has been established, then it need not delve deep into the merits of that evidence as that would prejudice the accused person before being accorded an opportunity to be heard in defence.
12. This court cannot at this stage make a definitive finding of guilt or prove beyond reasonable doubt.
13. Having considered the evidence of the 7 prosecution witnesses, I am satisfied that a prima facie case has been established to warrant the accused to be placed on her defence.
14. Accordingly, the accused person herein Margaret Achieng Otieno is found with a case to answer and is placed on her defence to answer to the charge of murder as per Information dated 18th May 2023.
15. The provisions of Article 50(2) (i) (k) and (l) of the Constitution as read with Section 306(2) of the Criminal Procedure Code are read out and explained to the accused person in the presence of her counsel Mr. Orego and she is informed that she will consult her advocate on the mode of defence that she wishes to proffer.
16. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF MAY, 2024R. E. ABURILIJUDGE