[2016] KEHC 4680 (KLR)
The court found that the prosecution had established a prima facie case against the accused, as there was evidence that the accused was the last person with the deceased and that the circumstances of death suggested foul play rather than accidental drowning. This warranted placing the accused on her defense to...
Source-derived case information.
- Citation
- [2016] KEHC 4680 (KLR)
- Parties
- Applicant: Republic; Defendant: Patricia Awino Ouma
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on her defense
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patricia Awino Ouma
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 her being put on her defense.
- 2 Whether the evidence links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, as there was evidence that the accused was the last person with the deceased and that the circumstances of death suggested foul play rather than accidental drowning. This warranted placing the accused on her defense to answer to the charge of murder.
Court Disposition
accused put on her defense
Orders
- The accused is hereby put on her defense.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL CASE NO. 47 OF 2014
REPUBLIC ................................................................................PROSECUTOR
VERSUS
PATRICIA AWINO OUMA................................................................ ACCUSED
RULING
1. On 17/06/2014, the Accused person herein PATRICIA AWINO OUMAwas charged with the murder of her son oneBRITON ADHIAMBO.That was before Hon. Sitati, J. in the High Court at Kisii in Criminal Case No. 111 of 2013.
2. The accused person denied the charge and thereafter the case was transferred to this Court for hearing. The prosecution called a total of seven witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered as well as the written submissions filed by the Defence Counsel and it is satisfied that the prosecution has established a case against the Accused person to warrant her be placed on her defense. There is prima facie evidence that the accused was the last person to be with the deceased before he died and that the deceased did not drown but was thrown into the bore hole after he had died.
4. Consequently the Accused person herein is hereby put on her defense.
DELIVERED, DATEDandSIGNED at MIGORI this 12th day of May 2016.
A. C. MRIMA
JUDGE