[2024] KEHC 15340 (KLR)
The court found that, after considering the cumulative testimonies of the seven prosecution witnesses, the evidence presented established a prima facie case against the accused, Vincent Omondi Ouru, for the offence of murder. This finding warranted placing the accused on his defence in accordance with Section 306(2)...
Source-derived case information.
- Citation
- [2024] KEHC 15340 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Omondi Ouru
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2023
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Case
- Outcome
- Accused 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
Vincent Omondi Ouru
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution 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, after considering the cumulative testimonies of the seven prosecution witnesses, the evidence presented established a prima facie case against the accused, Vincent Omondi Ouru, for the offence of murder. This finding warranted placing the accused on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court emphasized that the threshold for a prima facie case is not proof beyond reasonable doubt but rather whether a reasonable tribunal could convict if the accused chose to remain silent. The court also ensured that the accused was informed of his rights under Article 50(2) of the Constitution.
Court Disposition
Accused placed on his defence.
Orders
- The accused Vincent Omondi Ouru is placed on his defence under Section 306(2) of the Criminal Procedure Code.
- The provisions of Article 50(2)(i),(k),(l) of the Constitution are read out to the accused.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Ouru (Criminal Case E022 of 2023) [2024] KEHC 15340 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15340 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E022 of 2023
RE Aburili, J
December 3, 2024
Between
Republic
Prosecutor
and
Vincent Omondi Ouru
Accused
Ruling
1. The accused person Vincent Omondi Ouru is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars as per information dated 30th August 2023 are that on the 24th day of July 2023 at around 2040hrs at Oriang village, Upper Osiri Sub-location in Kisumu West Sub-county within Kisumu County, the accused person murdered Chris Ouru Omondi.
3. The accused denied committing the offence in the plea taken on 7th September 2023 by the duty Recess Judge Hon. D. O. Ogembo J.
4. The prosecution has called 7 witnesses who have testified and the question is whether a prima facie case has been established to warrant the court placing the accused person on his defence.
5. I have considered the testimonies of the 7 witnesses cumulatively and I am satisfied that a prima facie case has been established to warrant placing the accused person on his defence.
6. Accordingly, the accused person Vincent Omondi Ouru is hereby placed on his defence and the provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2) (i,k,l) of the Constitution are read out to him.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF DECEMBER, 2024R. E. ABURILIJUDGE