[2020] KEHC 254 (KLR)
The court found that the prosecution, having called 10 witnesses, presented sufficient evidence to establish a prima facie case against each of the accused persons. The evidence on record, if uncontroverted, would warrant a conviction. Therefore, in compliance with Section 306(2) of the Criminal Procedure Code, the...
Source-derived case information.
- Citation
- [2020] KEHC 254 (KLR)
- Parties
- Applicant: Republic; Defendant: Richard Okello Athiambo; Defendant: George Ooko Oriro; Defendant: Washington Odoyo Oluoch; Defendant: George Omondi Otieno
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused persons placed on their defence
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, Prima Facie Case, Defence Stage, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Richard Okello Athiambo
Defendant
George Ooko Oriro
Defendant
Washington Odoyo Oluoch
Defendant
George Omondi Otieno
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 require them to be placed on their defence.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, presented sufficient evidence to establish a prima facie case against each of the accused persons. The evidence on record, if uncontroverted, would warrant a conviction. Therefore, in compliance with Section 306(2) of the Criminal Procedure Code, the accused persons are required to be placed on their defence to answer to the charge of murder.
Court Disposition
accused persons placed on their defence
Orders
- The accused persons are hereby placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
[Coram: A. C. Mrima, J.]
CRIMINAL CASE NO. 9 OF 2018
(Consolidated with Criminal Case No. 11 of 2018)
REPUBLIC..........................................................................................PROSECUTOR
VERSUS
1. RICHARD OKELLO ATHIAMBO
2. GEORGE OOKO ORIRO
3. WASHINGTON ODOYO OLUOCH
4. GEORGE OMONDI OTIENO.............................................................ACCUSED
RULING
1. The accused persons herein were jointly charged on 07/05/2018 with others not before Court with the murder of oneBoniface Alwale.
2. The accused persons denied the charge and a trial was held. The prosecution called 10 witnesses.
3. 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 persons to warrant them be placed on their defenses.
4. 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 17th day of March, 2020
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. MudeyiCounsel for the 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