[2025] KEHC 10540 (KLR)
The court found that the prosecution's witnesses, who were present at the scene, testified to having seen the accused persons assaulting the deceased. This direct evidence was deemed sufficient to establish a prima facie case against both accused persons. Consequently, the court ruled that the accused must be put on...
Source-derived case information.
- Citation
- [2025] KEHC 10540 (KLR)
- Parties
- Applicant: Republic; Defendant: John Omare Paade; Defendant: Joseph Adungo Paade
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2025
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Murder Trial, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Omare Paade
Defendant
Joseph Adungo Paade
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution's witnesses, who were present at the scene, testified to having seen the accused persons assaulting the deceased. This direct evidence was deemed sufficient to establish a prima facie case against both accused persons. Consequently, the court ruled that the accused must be put on their defence to explain themselves, as required by law when a prima facie case is made out at the close of the prosecution's case.
Court Disposition
Accused persons put on their defence.
Orders
- The accused persons are hereby put on their defence.
- Defence hearing scheduled for 9th October 2025.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Paade & another (Criminal Case E001 of 2025) [2025] KEHC 10540 (KLR) (18 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10540 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E001 of 2025
WM Musyoka, J
July 18, 2025
Between
Republic
Prosecution
and
John Omare Paade
1st Accused
Joseph Adungo Paade
2nd Accused
Ruling
1. I saw and heard all the witnesses who testified. The witnesses, who were at the scene, saw the accused persons herein assaulting the deceased.
2. I am satisfied that a prima facie case has been established against the accused persons, to require that they explain themselves. I hereby put them on their defence.
3. Defence hearing shall happen on 9th October 2025.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA, ON THIS 18TH DAY OF JULY 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Antony Onanda, instructed by the Director of Public Prosecutions, for the Republic.Mr. MO Okeyo, instructed by Okeyo Ochiel & Company, Advocates for the accused persons.