[2023] KEHC 20772 (KLR)
The court found that, after considering the evidence of the six prosecution witnesses, the prosecution had established sufficient evidence against both accused persons. Consequently, the court held that a prima facie case had been made out against both accuseds, warranting their being placed on their defence in...
Source-derived case information.
- Citation
- [2023] KEHC 20772 (KLR)
- Parties
- Applicant: State; Defendant: Steve Moses Okoth; Defendant: Nahashon Ouma Okoth
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Both accused persons are found to have a case to answer and are placed on their defence.
- Judges
- DO Ogembo
- Legal Topics
- Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Steve Moses Okoth
Defendant
Nahashon Ouma Okoth
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 persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that, after considering the evidence of the six prosecution witnesses, the prosecution had established sufficient evidence against both accused persons. Consequently, the court held that a prima facie case had been made out against both accuseds, warranting their being placed on their defence in accordance with section 306 of the Criminal Procedure Code.
Court Disposition
Both accused persons are found to have a case to answer and are placed on their defence.
Orders
- Both accused persons are placed on their defence pursuant to section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
State v Okoth & another (Criminal Case E014 of 2022) [2023] KEHC 20772 (KLR) (20 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20772 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E014 of 2022
DO Ogembo, J
July 20, 2023
Between
State
Prosecution
and
Steve Moses Okoth
1st Accused
Nahashon Ouma Okoth
2nd Accused
Ruling
1. I have also considered the evidence of the 6 prosecution witnesses. This court is convinced that the prosecution has established evidence against both accuseds 1 and 2. Both accuseds are accordingly placed to their defences pursuant to section 306 of the Criminal Procedure Code.Orders Accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF JULY, 2023D.O. OGEMBOJUDGE20. 7.2023Court:Ruling read out in Court (online) in the presence of accuseds. Ms. Ndeda for accused and Ms. Mumu for the State.D.O. OGEMBOJUDGE20. 7.2023