[2019] KEHC 8616 (KLR)
The court found that, after considering the evidence of 13 prosecution witnesses and the submissions of counsel for the accused, the prosecution had established a prima facie case against each accused person. The evidence on record was sufficient to require the accused to be placed on their defence in accordance...
Source-derived case information.
- Citation
- [2019] KEHC 8616 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Oswago Onje; Defendant: Abern Mbija Agumba; Defendant: Jared Otieno Mbija; Defendant: William Okumu Orondo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- accused persons placed on their defence
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Oswago Onje
Defendant
Abern Mbija Agumba
Defendant
Jared Otieno Mbija
Defendant
William Okumu Orondo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being placed on their defence.
Ratio Decidendi
The court found that, after considering the evidence of 13 prosecution witnesses and the submissions of counsel for the accused, the prosecution had established a prima facie case against each accused person. The evidence on record was sufficient to require the accused to be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that all accused persons must be put on their defence and the matter would proceed accordingly.
Court Disposition
accused persons placed on their defence
Orders
- Each accused person is hereby placed on their defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
CRIMINAL CASE NO. 7 OF 2016
REPUBLIC................................................................PROSECUTOR
-VERSUS-
PAUL OSWAGO ONJE
ABERN MBIJA AGUMBA
JARED OTIENO MBIJA
WILLIAM OKUMU ORONDO......................................ACCUSED
RULING
1. On 23/02/2016 the accused persons herein were jointly charged with the murder of oneShem Shefa Ongache.
2. The accused persons denied the charge and a trial was held. The prosecution called 13 witnesses.
3. At the close of the prosecution’s case Counsel for the First and Second Accused persons Mr. Omollo filed written submissions. He contended that there was no sufficient evidence to warrant the first and second accused persons be placed on their defences. He referred to several decisions which I have carefully read.
4. This Court has patiently considered the evidence on record. I am satisfied that the prosecution has established a prima facie case against each of the accused person to warrant them be placed on their defenses.
5. Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 4th day of April 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. OmolloCounsel for the First and Second Accused persons.
Mr. OjalaCounsel for the Third and Fourth Accused persons
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant.