[2017] KEHC 608 (KLR)
The court found that, upon careful perusal of the record, evidence tendered, and written submissions by the defence counsels, the prosecution had established a prima facie case against each of the accused persons. Accordingly, the court ruled that the accused persons should be put on their defence as required by...
Source-derived case information.
- Citation
- [2017] KEHC 608 (KLR)
- Parties
- Applicant: Republic; Defendant: Ronald Opiyo Ayodo alias Ronny; Defendant: Dismas Wasonga Mita Ododa; Defendant: Stephen Okumu Ayodo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons put on their defence.
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ronald Opiyo Ayodo alias Ronny
Defendant
Dismas Wasonga Mita Ododa
Defendant
Stephen Okumu Ayodo
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, upon careful perusal of the record, evidence tendered, and written submissions by the defence counsels, the prosecution had established a prima facie case against each of the accused persons. Accordingly, the court ruled that the accused persons should be put on their defence as required by Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 49 OF 2014
(Consolidated with Kisii High Court Criminal Case No. 135 of 2013)
REPUBLIC...................................................................PROSECUTOR
-VERSUS-
1. RONALD OPIYO AYODO alias RONNY
2. DISMAS WASONGA MITA ODODA
3. STEPHEN OKUMU AYODO........................................ACCUSED
RULING
1. On 30/12/2013, the first and second accused persons herein were charged with the murder of oneMWITA MOSOBA SAMSONbefore the High Court in Kisii in Criminal Case No. 135 of 2013. The third accused person was later arrested and charged in this case with the murder of MWITA MOSOBA SAMSONas well. The two cases were consolidated and a joint information was substituted. Fresh plea was taken before this Court on 21/11/2014.
2. The accused persons denied the charge and thereafter the case was set for hearing. The prosecution called a total of nine witnesses in its bid to prove the charge against the accused persons.
3. This Court has carefully perused the record and the evidence tendered and the written submissions by the Defence Counsels and is satisfied that the prosecution has established a prima-facie case against each of the accused persons.
4. Consequently, the accused persons herein are hereby put on their defenses. Section 306(2) of the Criminal Procedure Code duly complied with.
DELIVERED, DATEDandSIGNED at MIGORI this 31st day of July 2017.
A.C. MRIMA
JUDGE