[2020] KEHC 5604 (KLR)
The court found that, after considering the evidence of 10 prosecution witnesses, a prima facie case had been established against each accused person. This finding was made in compliance with Section 306(2) of the Criminal Procedure Code, which requires the court to determine, at the close of the prosecution case,...
Source-derived case information.
- Citation
- [2020] KEHC 5604 (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 & 11 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons placed on their defense.
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial 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 warrant them being placed on their defense.
Ratio Decidendi
The court found that, after considering the evidence of 10 prosecution witnesses, a prima facie case had been established against each accused person. This finding was made in compliance with Section 306(2) of the Criminal Procedure Code, which requires the court to determine, at the close of the prosecution case, whether there is sufficient evidence to call upon the accused to make their defense. The court was satisfied that the prosecution's evidence met this threshold, and therefore ordered the accused persons to be placed on their defense.
Court Disposition
Accused persons placed on their defense.
Orders
- Each accused person is hereby placed on their defense 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
[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 OMONDIOTIENO.................. 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 22nd day of May, 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