https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10841
The court found that the testimonies of the prosecution witnesses established a prima facie case against all ten accused persons for the murder of Elisha Okuku Otieno, and therefore each accused had a case to answer and was placed on their defence.
Source-derived case information.
- Citation
- [2026] KEHC 10841 (KLR)
- Parties
- Prosecution: State; 1st Accused: Obsalom Rabote Agwet; 2nd Accused: Henry Otieno Nyawara; 3rd Accused: Simon Onyango Akeyo; 4th Accused: Charles Onyango Ongayo; 5th Accused: John Opiyo Opiyo; 6th Accused: Gerson Otieno Ochola; 7th Accused: Henry Juma Ogutu; 8th Accused: James Ochieng Odiyo; 9th Accused: Abel Omondi Okuku; 10th Accused: Washington Odhiambo Otieno
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E021 of 2023
- Procedural Posture
- Criminal Case / Ruling on Whether the Accused Have a Case to Answer After Prosecution Evidence; Directed to Defence
- Outcome
- Prosecution case found sufficient; all accused persons placed on their defence.
- Judges
- ["A Mabeya"]
- Legal Topics
- Murder Charge, Prima Facie Case, Case to Answer, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Prosecution
Obsalom Rabote Agwet
1st Accused
Henry Otieno Nyawara
2nd Accused
Simon Onyango Akeyo
3rd Accused
Charles Onyango Ongayo
4th Accused
John Opiyo Opiyo
5th Accused
Gerson Otieno Ochola
6th Accused
Henry Juma Ogutu
7th Accused
James Ochieng Odiyo
8th Accused
Abel Omondi Okuku
9th Accused
Washington Odhiambo Otieno
10th Accused
Procedural Posture
Criminal Case / Ruling on Whether the Accused Have a Case to Answer After Prosecution Evidence; Directed to Defence
Legal Issues
- 1 Whether the prosecution evidence established a prima facie case against the accused persons
- 2 Whether the accused persons should be put on their defence
Ratio Decidendi
The court found that the testimonies of the prosecution witnesses established a prima facie case against all ten accused persons for the murder of Elisha Okuku Otieno, and therefore each accused had a case to answer and was placed on their defence.
Court Disposition
Prosecution case found sufficient; all accused persons placed on their defence.
Orders
- All ten accused persons are put on their defence.
Full Case Text
Judgment text and source record
1 paragraphs
State v Agwet & 9 others (Criminal Case E021 of 2023) [2026] KEHC 10841 (KLR) (15 July 2026) (Ruling) Neutral citation: [2026] KEHC 10841 (KLR) Republic of Kenya In the High Court at Kisumu Criminal Case E021 of 2023 A Mabeya, J July 15, 2026 Between State Prosecution and Obsalom Rabote Agwet 1st Accused Henry Otieno Nyawara 2nd Accused Simon Onyango Akeyo 3rd Accused Charles Onyango Ongayo 4th Accused John Opiyo Opiyo 5th Accused Gerson Otieno Ochola 6th Accused Henry Juma Ogutu 7th Accused James Ochieng Odiyo 8th Accused Abel Omondi Okuku 9th Accused Washington Odhiambo Otieno 10th Accused Ruling 1.OBsalom Rabote Agwet, Henry Otieno Nyawara, Simon Onyango Akeyo, Charles Onyango Ongayo, John Opiyo Opiyo, Gerson Otieno Ochola, Henry Juma Ogutu, James Ochieng Odiyo, Abel Omondi Okuku And Washington Odhiambo Otieno are charged with the murder of Elisha Okuku Otieno on 14/6/2023 at Kalwande Village, West Katieno Sub-location in Seme Sub-County, Kisumu County. 2.They have denied the charge. After considering the testimonies of the prosecution witnesses, the Court is satisfied that all of them have a case to answer as a prima facie case has been established. 3.Accordingly, they are put on their defence. It is so ordered. DATED AND DELIVERED AT KISUMU THIS 15TH DAY OF JULY, 2026.A. MABEYA, FCI ArbJUDGE