[2024] KEHC 6441 (KLR)
The court found that the prosecution, having called eight witnesses and produced relevant exhibits, had established a prima facie case against the accused person for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the...
Source-derived case information.
- Citation
- [2024] KEHC 6441 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Omondi Ouko alias Mzungu alias Nelly Omondi Chore
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found with a case to answer and placed on his defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Omondi Ouko alias Mzungu alias Nelly Omondi Chore
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 him being placed on his defence.
- 2 Whether the evidence adduced meets the threshold under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses and produced relevant exhibits, had established a prima facie case against the accused person for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court explained the accused's rights under Article 50(2) of the Constitution and placed the accused on his defence, finding that the threshold for a case to answer had been met.
Court Disposition
Accused found with a case to answer and placed on his defence.
Orders
- The accused is found with a case to answer and is hereby placed on his defence.
- The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i), (k), and (l) of the Constitution are explained to the accused in the presence of his advocate.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Ouko alias Mzungu alias Nelly Omondi Chore (Criminal Case E002 of 2020) [2024] KEHC 6441 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6441 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E002 of 2020
RE Aburili, J
June 4, 2024
Between
Republic
Prosecutor
and
Benard Omondi Ouko alias Mzungu alias Nelly Omondi Chore
Accused
Ruling
1. The accused person Benard Omondi Ouko alias Mzungu alias Nelly Omondi Chore 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 information dated 13th October 2020 are that on the 24th August, 1019, at Lela Sub-location, Nyando Sub-county within Kisumu County, he murdered one Sylvester Stephen Onyango.
3. The accused person took plea on 11th November 2020 denying that he committed the offence charged.
4. I took over the hearing of this case on 16th May 2023 after the elevation of F. A. Ochieng J was elevated to Court of Appeal.
5. The prosecution and the defence counsel both consented to the case proceeding from where Justice Ochieng had left it, subject to the accused person reserving his right to recall any of the witnesses who had testified to be cross examined. The burden of proof lies on he who alleges.
6. In this case, at this stage the burden lies on the prosecution to establish a prima facie case against the accused person.
7. I have considered the evidence of the 8 prosecution witnesses and the exhibits produced. I am satisfied that a prima facie case has been established against the accused person to warrant him to be placed on his defence.
8. Accordingly, the accused person Benard Omondi Ouko alias Mzungu alias Nelly Omondi Chore is hereby found with a case to answer and is hereby placed on his defence.
9. The provisions of Section 306(2) of the Criminal Procedure Code and Article 50 (2) (i), (k) and (l) of the Constitution are explained to the accused person in the presence of his advocate Mr. Onsongo.
10. I so find and hold.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF JUNE, 2024R. E. ABURILIJUDGE