Republic v Benard Onyango Ogango alias “Boss” [2020] KEHC 164 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

HCCRC NO. 9 OF 2017

PROSECUTOR..................................................................................................REPUBLIC

VERSUS

BENARD ONYANGO OGANGOAlias“BOSS”..............................................ACCUSED

RULING

The accused, BENARD ONYANGO OGANGOAliasBOSS, was charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code.

1. The particulars of the offence were that on the 21st March 2017, at Tura Sub-location, Kakola Location, Nyando Sub-County, jointly with another person who is not before court, they murdered JAMES WILLIAM GOR.

2. At the trial the prosecution called eight witnesses.

3. Having given due consideration to the evidence on record,

I am satisfied that the prosecution has, on a prima facie basis, shown that the accused was linked to the assault upon the deceased, which led to his death.

4. It does appear that there were at least 3 eye-witnesses who saw what transpired.

5. In the circumstances, I find that if the accused fails to give a reasonable account, to respond to the evidence already tendered, the court would probably convict him.

6. In other words, I find that the accused has a case to answer, and he is thus put to his defence.

DATED, SIGNED and DELIVERED at KISUMU This 6th day of May 2020

FRED A. OCHIENG

JUDGE