[2024] KEHC 7373 (KLR)
The court found that the prosecution, having called ten witnesses and produced exhibits, established a prima facie case against the accused. The evidence, if unchallenged, would be sufficient to require the accused to answer to the charge of murder. The court emphasized that at this stage, it is not required to...
Source-derived case information.
- Citation
- [2024] KEHC 7373 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Otieno Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2021
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, 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
Collins Otieno Otieno
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would be sufficient to sustain a conviction for murder.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses and produced exhibits, established a prima facie case against the accused. The evidence, if unchallenged, would be sufficient to require the accused to answer to the charge of murder. The court emphasized that at this stage, it is not required to evaluate the credibility or weight of the evidence but only to determine whether the prosecution has made out a case requiring the accused to make a defence. Accordingly, the accused was found to have a case to answer and was placed on his defence as per the requirements of Section 306(2) of the Criminal Procedure Code and Article 50(2) of the Constitution.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused Collins Otieno Otieno is found with a case to answer and is placed on his defence.
- Provisions of Article 50(2)(i)(k)(l) of the Constitution and Section 306(2) of the Criminal Procedure Code are read and explained to the accused in Dholuo language in the presence of his advocate.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Otieno (Criminal Case E004 of 2021) [2024] KEHC 7373 (KLR) (11 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7373 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E004 of 2021
RE Aburili, J
June 11, 2024
Between
Republic
Prosecutor
and
Collins Otieno Otieno
Accused
Ruling
1. The accused Collins Otieno 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 Information dated 3rd February 2021 are that on the 18th day of January 2021 at Kanyagwal Location, Nyando Sub-county within Kisumu County, he murdered Everlyne Akoth Otieno.
3. The accused denied committing the offence charged.
4. The prosecution have called ten (10) witnesses who have testified in support of their case and the question now is whether a prima facie case has been established to warrant the accused to be placed on his defence.
5. A prima facie case is established in criminal cases where the evidence tendered by the prosecution is sufficient on its own for a court to return a guilty verdict but for the right of the accused person to adduce and challenge that evidence, and the right to remain silent as well as the right not to give any self-incriminating evidence.
6. It follows that at this stage, the court cannot delve deep into the merits of the evidence adduced as to do so, where it is of the view that a prima facie case is established, might prejudice the accused person.
7. I have considered the evidence of the ten prosecution witnesses and the exhibits produced.
8. I am satisfied that a prima facie case is established against the accused person Collins Otieno Otieno who is hereby found with a case to answer and is placed on his defence.
9. The provisions of article 5092) (i) (k) (l) of the Constitution as read with section 306(2) of the Criminal Procedure Code are hereby read and explained to him in Dholuo language in the presence of his advocate Ms. Omollo.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF JUNE, 2024R. E. ABURILIJUDGE