[2024] KEHC 6847 (KLR)
The court found that the prosecution, having called 15 witnesses and produced exhibits, established a prima facie case against the accused for the offence of murder. The evidence presented, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is found to have a case to answer and is...
Source-derived case information.
- Citation
- [2024] KEHC 6847 (KLR)
- Parties
- Applicant: Republic; Defendant: Benjamin Omondi Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E025 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- accused found to have a case to answer and placed on his defence
- Judges
- RE Aburili
- Legal Topics
- Murder Charge, 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
Benjamin Omondi Otieno
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
Ratio Decidendi
The court found that the prosecution, having called 15 witnesses and produced exhibits, established a prima facie case against the accused for the offence of murder. The evidence presented, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is found to have a case to answer and is placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(k)(l) of the Constitution. The court refrained from delving into the merits of the case at this stage, limiting its determination to whether the threshold for a case to answer had been met.
Court Disposition
accused found to have a case to answer and placed on his defence
Orders
- The accused Benjamin Omondi Otieno is hereby placed on his defence.
- Provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(k)(l) of the Constitution are read and explained to the accused in the presence of his advocate.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Otieno (Criminal Case E025 of 2023) [2024] KEHC 6847 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6847 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E025 of 2023
RE Aburili, J
June 6, 2024
Between
Republic
Prosecutor
and
Benjamin Omondi Otieno
Accused
Ruling
1. The accused person Benjamin Omondi 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 are that on the 3rd day of July 2023 at around 6. 00pm in Mbalawandu village, West Karateng Sub-location in Kisumu West Sub-county within Kisumu County, the accused murdered Marion Atieno Ochieng.
3. The accused pleaded not Guilty to the charge and the prosecution has called 15 witnesses in support of the charge/information dated 17th October 2023 and produced exhibits.
4. At the end of the prosecution’s case which they have closed, the question is whether the prosecution has established a prima facie case to warrant this court place the accused person on his defence.
5. Without delving into the merits of the case, and upon considering the evidence of the 15 prosecution witnesses, I am satisfied that a prima facie case is established against the accused person who is hereby found with a case to answer for the alleged murder of Marion Atieno Ochieng.
6. Accordingly, the accused person Benjamin Omondi Otieno is hereby placed on his defence.
7. The provisions of Section 306 (2) of the Criminal Procedure Code as read with Article 50(2) (i) (k) (l) of Constitution are read and explained to the accused in the presence of his advocate Mr. Awuonda.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF JUNE, 2024R. E. ABURILIJUDGE