[2019] KEHC 10148 (KLR)
The court found that, after considering the evidence of nine prosecution witnesses, a prima facie case had been established against the accused person. This finding means that the prosecution's evidence, if believed, would be sufficient to support a conviction. Therefore, the accused is required to be placed on his...
Source-derived case information.
- Citation
- [2019] KEHC 10148 (KLR)
- Parties
- Respondent: Republic; Defendant: William Mbelisia Odando
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, 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
Respondent
William Mbelisia Odando
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 being placed on his defense.
Ratio Decidendi
The court found that, after considering the evidence of nine prosecution witnesses, a prima facie case had been established against the accused person. This finding means that the prosecution's evidence, if believed, would be sufficient to support a conviction. Therefore, the accused is required to be placed on his defense in accordance with Section 306(2) of the Criminal Procedure Code. The court thus complied with the statutory requirement and directed the accused to present his defense.
Court Disposition
accused placed on his defense
Orders
- The accused person is hereby placed on his defense.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 20 OF 2017
REPUBLIC.....................................................PROSECUTOR
-versus-
WILLIAM MBELISIA ODANDO......................ACCUSED
RULING
1. On 09/10/2017 the accused person herein was charged with the murder of oneJosephat Aderi Mwere.
2. The accused person denied the charge and a trial was held. The prosecution called nine witnesses.
3. This Court has carefully perused the record and is satisfied that the prosecution has established a prima facie case against the accused person to warrant him be placed on his defense.
4. Consequently, the accused person herein is hereby placed on his defense. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.
DELIVERED, DATED and SIGNED at MIGORI this 15th day of February 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open Court and in the presence of: -
Mr. MudeyiCounsel for the Accused person.
Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant.