[2023] KEHC 25964 (KLR)
The court found that, after considering the evidence of seven prosecution witnesses and the defence submissions, the prosecution had established a prima facie case against the accused. Guided by the authority of Bhatt v R (1957) EA 332, the judge held that the evidence was sufficient to require the accused to be...
Source-derived case information.
- Citation
- [2023] KEHC 25964 (KLR)
- Parties
- Applicant: State; Defendant: Francis Stephen Otieno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- DO Ogembo
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Francis Stephen Otieno
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 being placed on his defence.
Ratio Decidendi
The court found that, after considering the evidence of seven prosecution witnesses and the defence submissions, the prosecution had established a prima facie case against the accused. Guided by the authority of Bhatt v R (1957) EA 332, the judge held that the evidence was sufficient to require the accused to be placed on his defence. The accused was therefore found to have a case to answer and was accordingly placed on his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 13/2/2023.
Full Case Text
Judgment text and source record
16 paragraphs
State v Otieno (Criminal Case E016 of 2022) [2023] KEHC 25964 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25964 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E016 of 2022
DO Ogembo, J
November 23, 2023
Between
State
Prosecution
and
Francis Stephen Otieno
Accused
Ruling
1. I have considered the evidence of the 7 Prosecution witnesses and the submissions filed herein by the defence on 14/11/2023. Guided by the authority of Bhatt v R (1957) EA 332, I am convinced that a prima facie case has been established against the accused that would warrant that accused being placed to his own defence. I accordingly find that accused has a case to answer and place him to his own defence.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RDDAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE23. 11. 2023Court:Ruling read out in Open court in presence of accused, Mr. Ooro for accused and Ms. Mumu for State.Defence hearing 13/2/2023. D.O. OGEMBOJUDGE23. 11. 2023Ooro:We shall give sworn evidence and call 2 more witnesses.We shall supply sentences.Court:Same is noted.D.O. OGEMBOJUDGE23. 11. 2023