[2024] KEHC 5196 (KLR)
The court, after considering the evidence of four prosecution witnesses and in the absence of submissions from either party, found that a prima facie case had been established against the accused. The court relied on the authority of Bhatt v R (1957) EA 332 to guide its determination. Consequently, the accused was...
Source-derived case information.
- Citation
- [2024] KEHC 5196 (KLR)
- Parties
- Applicant: State; Defendant: John Otieno Odiyo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put 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
John Otieno Odiyo
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 putting him on his defence.
Ratio Decidendi
The court, after considering the evidence of four prosecution witnesses and in the absence of submissions from either party, found that a prima facie case had been established against the accused. The court relied on the authority of Bhatt v R (1957) EA 332 to guide its determination. Consequently, the accused was found to have a case to answer and was put on his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
- Defence hearing scheduled for 1/7/2024.
Full Case Text
Judgment text and source record
16 paragraphs
State v Odiyo (Criminal Case E009 of 2023) [2024] KEHC 5196 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5196 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E009 of 2023
DO Ogembo, J
May 16, 2024
Between
State
Prosecution
and
John Otieno Odiyo
Accused
Ruling
1. I have considered the evidence of the four prosecution witnesses herein. Neither the prosecution nor the defence have made submissions on whether a prima facie case has been established against the accused. Guided by the authority in Bhatt -VS- R, (1957) EA 332, I am convinced that a prima facie case has been established against the accused. I accordingly find that the accused has a case to answer and I put him on his own defence.
DATED, SIGNED AND DELIVERED THIS 16TH DAY OF MAY, 2024D. O OGEMBOJUDGE16/5/2024CourtRead out in Court in presence of Accused, Mr. Ooro F. for accused and Ms. Kerubo for the State.D. O OGEMBOJUDGE16/5/2024CourtDate for defence to be given. Defence hearing on 1/7/2024. D. O OGEMBOJUDGE16/5/2024