[2022] KEHC 1227 (KLR)
The court found that the prosecution had established a prima facie case against all three accused persons based on the evidence of seven witnesses. The defences raised by the accused, including self-defence and lack of participation, were considered premature at this stage and are matters to be addressed during the...
Source-derived case information.
- Citation
- [2022] KEHC 1227 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Victor Omondi Oyola; Defendant: Andrew Otieno Okoth; Defendant: Samuel Oyolo Oyola
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2021
- Procedural Posture
- Criminal Case / Ruling on a Case to Answer
- Outcome
- Accused persons found with a case to answer and placed on their defence.
- Judges
- RE Aburili
- Legal Topics
- Murder, Prima Facie Case, Self Defence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic of Kenya
Applicant
Victor Omondi Oyola
Defendant
Andrew Otieno Okoth
Defendant
Samuel Oyolo Oyola
Defendant
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 persons to require them to be placed on their defence for the charge of murder.
- 2 Whether the defences raised by the accused, including self-defence and lack of participation, can be considered at this stage.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against all three accused persons based on the evidence of seven witnesses. The defences raised by the accused, including self-defence and lack of participation, were considered premature at this stage and are matters to be addressed during the defence hearing. The court held that the threshold for a case to answer had been met, and accordingly, all accused persons were placed on their defence to answer to the charge of murder. The relevant legal provisions were explained to the accused in their language and in the presence of their advocate.
Court Disposition
Accused persons found with a case to answer and placed on their defence.
Orders
- The accused persons Victor Omondi Oyola, Andrew Otieno Okoth, and Samuel Oyolo Oyola are found with a case to answer and are hereby placed on their defence.
- Provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2)(i)(k)(l) of the Constitution explained to the accused in Dholuo language in the presence of their advocate.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL CASE NO. E009 OF 2021
STATE.....................................................................................................PROSECUTION
VERSUS
VICTOR OMONDI OYOLA...................................................................1ST ACCUSED
ANDREW OTIENO OKOTH................................................................2ND ACCUSED
SAMUEL OYOLO OYOLA....................................................................3RD ACCUSED
RULING ON A CASE TO ANSWER
1. The 3 accused person herein Victor Omondi Oyola, Andrew Otieno Okoth and Samuel Oyolo Oyola are jointly charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. It is alleged in the information dated 17th May 2021 that between the 30th day of April and 1st May 2021, at Wakilia village, Nyagoko sublocation, in South Asembo Location within Rarieda sub county of the Siaya County, the accused jointly murdered Vincent Onyango Oyolo.
3. The accused pleaded Not guilty to the charge of Murder and the prosecution have called 7 witnesses who have testified against the accused.
4. The question at this stage is whether the prosecution has made out a prima facie case to warrant the accused persons to be placed on their defence to answer to the charge of Murder.
5. The defence counsel, Mr. Mshindi has filed written submissions urging this court to acquit the accused persons under Section 306(1) of the Penal Code.
6. In his submissions, it is contended on behalf of the accused persons that the deceased was a terror to the family and the village and secondly, that the accused persons were defending themselves from the deceased who was bent on cutting the 1st accused his brother and who was in the line of attack. That the 2nd accused was a powerless father who was overwhelmed by a rebellious act of the son who had on the previous day cut the sister. That the second accused did not incite the killing of his son but pleaded for mercy to be protected from the violent son as per the evidence of Eric Ochieng.
7. That the family is plagued with alcoholism, poverty and Godlessness hence the court should not find illegality in the acts of the accused persons and that more so, the 3rd accused was not a participant in the heinous act.
8. I have considered the evidence of the 7 prosecution witnesses and the submissions on no case to answer. The reasons for urging this court to find the accused not to have a case to answer are too detailed and raise defenses of self-defense which can only be considered at the full hearing where an accused is given an opportunity to elect to tender that defence of self defence and not at this stage.
9. That aside, and without delving deep into the evidence tendered against the 3 accused persons, I am satisfied that the Prosecution have made out a prima faciecase to warrant all the accused persons to be placed on their defence.
10. Accordingly, the accused persons herein Victor Omondi Oyola, Andrew Otieno Okoth and Samuel Oyolo Oyola are found with a case to answer and are hereby placed on their defence.
11. The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2) (i)(k)(l) of the Constitutionare hereby explained to the accused persons in Dholuo language in the presence of their advocate Mr. Mshindi.
12. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF MARCH, 2022
R.E. ABURILI
JUDGE