[2024] KEHC 1375 (KLR)
The court, after considering the evidence of nine prosecution witnesses and guided by the authority in Ramanlal Bhatt v R (1957) EA, found that a prima facie case had been established against the accused. Consequently, the accused was found to have a case to answer and was put to his defence.
Source-derived case information.
- Citation
- [2024] KEHC 1375 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Wycliffe Otieno Onani Alias Awiko
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E031 of 2022
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case; Determination of Case to Answer
- Outcome
- Accused found to have a case to answer and put to 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
Republic of Kenya
Applicant
Wycliffe Otieno Onani Alias Awiko
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case; Determination of 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 nine prosecution witnesses and guided by the authority in Ramanlal Bhatt v R (1957) EA, found that a prima facie case had been established against the accused. Consequently, the accused was found to have a case to answer and was put to his defence.
Court Disposition
Accused found to have a case to answer and put to his defence.
Orders
- The accused is found to have a case to answer and is put to his defence.
- Matter fixed for defence hearing on 21-5-2024.
Full Case Text
Judgment text and source record
16 paragraphs
State v Onani alias Awiko (Criminal Case E031 of 2022) [2024] KEHC 1375 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1375 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E031 of 2022
DO Ogembo, J
February 15, 2024
Between
State
Prosecution
and
Wycliffe Otieno Onani Alias Awiko
Accused
Ruling
1. The Prosecution herein called a total of 9 witnesses who have given evidence in support of the charge herein. At the close of the Prosecution’s case, neither the defence nor the Prosecution sides have made any submissions as to whether a prima facie case has been established against the accused. I have accordingly considered the evidence of the 9 prosecution witnesses and guided by the authority inRamanlal Bhatt v R(1957)EA, I am satisfied that a prima facie case has been established against the accused. I accordingly find that accused has a case to answer and I put him to his own defence.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF FEBRUARY, 2024D.O. OGEMBOJUDGE15. 2.2024Court:Ruling read out in Open court in presence of accused, Mr. Okanda for accused and Ms. Mumu for State.D.O. OGEMBOJUDGE15. 2.2024Court:Matter fixed for Defence hearing.Defence hearing on 21-5-2024. D.O. OGEMBOJUDGE15. 2.2024