[2022] KEHC 1873 (KLR)
The court, after reviewing the evidence of the 8 prosecution witnesses and the exhibits produced, found that the prosecution had established a prima facie case against the accused for the offence of murder. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt but...
Source-derived case information.
- Citation
- [2022] KEHC 1873 (KLR)
- Parties
- Accused: Stanley Musungu Ogombe; Prosecution: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E015 of 2021
- Procedural Posture
- Criminal Case / Ruling on a Case to Answer
- Outcome
- accused placed on defence
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Musungu Ogombe
Accused
State
Prosecution
Procedural Posture
Criminal Case / Ruling on a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be placed on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court, after reviewing the evidence of the 8 prosecution witnesses and the exhibits produced, found that the prosecution had established a prima facie case against the accused for the offence of murder. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt but only to assess whether the evidence is sufficient to require the accused to present a defence. The court concluded that the threshold for a prima facie case had been met and accordingly placed the accused on his defence, in compliance with Section 306(2) of the Criminal Procedure Code and safeguarding the accused's constitutional rights under Article 50(2).
Court Disposition
accused placed on defence
Orders
- The accused Stanley Musungu Ogombe is found to have a case to answer for the charge of murder and is placed on his defence.
- The rights of the accused under Article 50(2) of the Constitution and Section 306(2) of the Criminal Procedure Code are explained to him in Kiswahili in the presence of his advocate.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. E015 OF 2021
CORAM: HON. R.E. ABURILI, J
STATE................................................................................................PROSECUTION
VERSUS
STANLEY MUSUNGU OGOMBE...........................................................ACCUSED
RULING ON A CASE TO ANSWER
1. The accused person Stanley Musungu Ogombe is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the offence as per Information dated 5th July 2021 are that on the 25th day of June, 2021 at Sumba sub-location within Nyadorera Sub-County within Siaya County, he murdered Bravin Ochieng Obonyo.
3. The accused pleaded not guilty to the charge.
4. The Prosecution have called 8 witnesses who have testified and produced 2 exhibits. They closed their case on 21/2/2022.
5. This court is now called upon to rule on whether the accused person has a case to answer.
6. At this stage, the prosecution is not expected to have proved its case beyond reasonable doubt, which is the yardstick in criminal cases. The Prosecution is expected to establish a prima facie case against the accused person to warrant him to be placed on his defence. A prima facie case is not necessarily one that must succeed. However, the burden of proof lies with the prosecution throughout the trial to prove the guilt of the accused person beyond reasonable doubt.
7. In the instant case, the court is expected to consider the evidence adduced and determine whether it meets the threshold for a prima facie case.
8. And if the court is so satisfied that a prima facie case is established, it should not delve deep into the depths of the evidence as that analysis can prejudice the accused person.
9. I have perused the evidence of the 8 prosecution witnesses and I am persuaded that a prima facie case has been established against the accused person.
10. Accordingly, I find the accused person Stanley Musungu Ogombe has a case to answer for the charge of Murder as presented. He is hereby placed on his defence.
11. The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2) of the Constitution on the rights of the accused person to remain silent, to adduce and challenge evidence and if so, how, and the right not to give any self-incriminating evidence are hereby explained to the accused person in the Kiswahili language in the presence of his advocate Mr. Ooro.
12. Orders accordingly.
Dated, signed and Delivered at Siaya this 1st Day of March, 2022
R.E. ABURILI
JUDGE