Republic v Otieno [2024] KEHC 4981 (KLR)

Republic v Otieno (Criminal Case E033 of 2022) [2024] KEHC 4981 (KLR) (14 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4981 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E033 of 2022

DO Ogembo, J

May 14, 2024

Between

Republic

Prosecution

and

Sephen Ochieng Otieno

Accused

Ruling

1. The Prosecution has called a total of 6 witnesses in this matter. This case is now for the ruling of the court on whether a prima facie case has been established against the accused that would warrant the accused being placed to his own defence. In the case of BHATT –VS. R (1957) EA 332, it was held that a prima facie case is established when a court properly constituted would convict the accused should the accused offer no evidence in rebuttal.

2. I have considered the evidence of the 6 prosecution witnesses. I am convinced that a prima facie case has been established by the prosecution. I accordingly find that the accused has a case to answer and I put him to his own defence. It is so ordered.

DATED, SIGNED AND DELIVERED THIS 14TH DAY OF MAY, 2024. D. O. OGEMBOJUDGE14/5/2024CourtRuling read out in Open Court in presence of the Accused, Mr. Were for Accused and Ms. Kerubo for State.D. O. OGEMBOJUDGE14/5/2024CourtCase fixed for defence.WereI have fixed for instructions that accused will give sworn evidence. We shall not call any other witness.CourtMatter fixed for defence. Defence hearing on 2/7/2024. D. O. OGEMBOJUDGE14/5/2024SIAYA HC CRIMINAL CASE NO. E033 OF 2022 RULING Page 2 of 2