[2023] KEHC 25830 (KLR)
The court, after considering the evidence of six prosecution witnesses and the submissions of the accused, found that the prosecution had met the threshold for establishing a prima facie case as defined in Ramanlal Trambaklal Bhatt v R. The evidence presented was sufficient such that, if uncontroverted, it could...
Source-derived case information.
- Citation
- [2023] KEHC 25830 (KLR)
- Parties
- Prosecution: State; Accused: Susan Auma Oduor
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E030 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on her 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
Prosecution
Susan Auma Oduor
Accused
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 her being put on her defence.
Ratio Decidendi
The court, after considering the evidence of six prosecution witnesses and the submissions of the accused, found that the prosecution had met the threshold for establishing a prima facie case as defined in Ramanlal Trambaklal Bhatt v R. The evidence presented was sufficient such that, if uncontroverted, it could lead to a conviction. Therefore, the accused was found to have a case to answer and was placed on her defence.
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- The accused is found to have a case to answer and is placed on her defence.
- Defence hearing fixed for 20th February 2024.
Full Case Text
Judgment text and source record
17 paragraphs
State v Oduor (Criminal Case E030 of 2023) [2023] KEHC 25830 (KLR) (22 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25830 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E030 of 2023
DO Ogembo, J
November 22, 2023
Between
State
Prosecution
and
Susan Auma Oduor
Accused
Ruling
1. I have considered the evidence of 6 Prosecution witnesses wholly. I have also considered the submissions of the accused filed on 6/11/2023 and dated 5/11/2023. In deciding on whether Prosecution has established a prima facie case against the accused, this court is guided by the decision on the case of Ramanlal Trambaklal Bhatt v R(1957) EA322, that prima facie is;“Where a reasonable court directing its mind to the evidence would convict if no explanation were offered by the defence.”
2. I am convinced in this matter that the Prosecution has met this burden and established a prima facie case against the accused. I accordingly find the accused with a case to answer and place her to her own defence.It is ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE22. 11. 2023Court:Ruling read out in Open court in presence of accused, Mr. Oduol for accused and Ms. Mumu for State.D.O. OGEMBOJUDGE22. 11. 2023Court:Fixed for Defence hearing.Hearing 20. 2.2024. Mr. Oduol:Accused shall give sworn evidence. We shall call no other witness.Court:Same is noted.D.O. OGEMBOJUDGE22. 11. 2023