Republic v Ouru [2024] KEHC 15340 (KLR)

Republic v Ouru (Criminal Case E022 of 2023) [2024] KEHC 15340 (KLR) (3 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15340 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Case E022 of 2023

RE Aburili, J

December 3, 2024

Between

Republic

Prosecutor

and

Vincent Omondi Ouru

Accused

Ruling

1. The accused person Vincent Omondi Ouru is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. Particulars as per information dated 30th August 2023 are that on the 24th day of July 2023 at around 2040hrs at Oriang village, Upper Osiri Sub-location in Kisumu West Sub-county within Kisumu County, the accused person murdered Chris Ouru Omondi.

3. The accused denied committing the offence in the plea taken on 7th September 2023 by the duty Recess Judge Hon. D. O. Ogembo J.

4. The prosecution has called 7 witnesses who have testified and the question is whether a prima facie case has been established to warrant the court placing the accused person on his defence.

5. I have considered the testimonies of the 7 witnesses cumulatively and I am satisfied that a prima facie case has been established to warrant placing the accused person on his defence.

6. Accordingly, the accused person Vincent Omondi Ouru is hereby placed on his defence and the provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2) (i,k,l) of the Constitution are read out to him.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF DECEMBER, 2024R. E. ABURILIJUDGE