[2024] KEHC 1103 (KLR)
The court found that the prosecution, having called five witnesses, had established a prima facie case against the accused. Guided by the authority in Ramnalal Trambaklal Bhatt -Vs- R (1957) EA 332, the judge held that the evidence was sufficient to require the accused to be put on his defence. The ruling was...
Source-derived case information.
- Citation
- [2024] KEHC 1103 (KLR)
- Parties
- Respondent: State; Defendant: Reagan Stephen Okoth
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence; defence hearing date fixed.
- 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
Respondent
Reagan Stephen 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 to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, had established a prima facie case against the accused. Guided by the authority in Ramnalal Trambaklal Bhatt -Vs- R (1957) EA 332, the judge held that the evidence was sufficient to require the accused to be put on his defence. The ruling was limited to the procedural threshold of whether the prosecution's case met the standard for a case to answer, not a determination of guilt.
Court Disposition
Accused put on his defence; defence hearing date fixed.
Orders
- The accused is found to have a case to answer and is put on his defence.
- Defence hearing scheduled for 13 May 2024.
Full Case Text
Judgment text and source record
16 paragraphs
State v Okoth (Criminal Case E017 of 2023) [2024] KEHC 1103 (KLR) (8 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1103 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E017 of 2023
DO Ogembo, J
February 8, 2024
Between
State
Prosecution
and
Reagan Stephen Okoth
Accused
Ruling
1. I have considered the evidence of the 5 Prosecution witnesses and I am convinced that a prima facie case has been established by the Prosecution against the accused. Guided by the authority in Ramnalal Trambaklal Bhatt -Vs- R (1957) EA 332, I find that accused has a case to answer and I put him to his own defence.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF FEBRUARY, 2024D.O. OGEMBOJUDGE8/2/2024Court:Ruling read out in court in the presence of the accused, Mr. Odhiambo for accused and Ms. Mumo for State.D.O OGEMBOJUDGE8/2/2024Court:Date of defence to be fixed.Defence hearing on 13/5/2024. D.O OGEMBOJUDGE8/2/2024