[2024] KEHC 1339 (KLR)
The court, after considering the evidence of the five prosecution witnesses and guided by the authority of Ramanlal Trambaklal Bhatt v R, found that a prima facie case had been established against the accused. Consequently, the accused was placed on his defence as required by law when the prosecution's evidence...
Source-derived case information.
- Citation
- [2024] KEHC 1339 (KLR)
- Parties
- Applicant: State; Defendant: Agrippa Oluoch Odhiambo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence.
- Judges
- DO Ogembo
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Agrippa Oluoch Odhiambo
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 his being placed on his defence.
Ratio Decidendi
The court, after considering the evidence of the five prosecution witnesses and guided by the authority of Ramanlal Trambaklal Bhatt v R, found that a prima facie case had been established against the accused. Consequently, the accused was placed on his defence as required by law when the prosecution's evidence meets the threshold for a case to answer.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing fixed for 20/5/2024.
Full Case Text
Judgment text and source record
16 paragraphs
State v Odhiambo (Criminal Case E027 of 2022) [2024] KEHC 1339 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1339 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E027 of 2022
DO Ogembo, J
February 15, 2024
Between
State
Prosecution
and
Agrippa Oluoch Odhiambo
Accused
Ruling
1. The Prosecution closed its case herein having called a total of five witnesses. Neither party made any submissions on whether the evidence of the Prosecution established a prima facie case against the accused. I have considered the evidence of the five prosecution witnesses, and guided by the authority of Ramanlal Trambaklal Bhatt v R [1957] EA 332, I am convinced that a prima facie case has been established against the accused.I accordingly place the accused to his own defence.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF FEBRUARY, 2024D.O. OGEMBOJUDGE15/2/2024Court:Ruling read out in presence of the accused, Mr. Owuor Advocate for Mr. Mshindi and Ms. Mumu for Prosecution.D.O. OGEMBOJUDGE15/2/2024Court:Date fixed for defence. Defence hearing on 20/5/2024. D.O OGEMBOJUDGE15/2/2024