State v Odhiambo [2024] KEHC 1339 (KLR) | Prima Facie Case | Esheria

State v Odhiambo [2024] KEHC 1339 (KLR)

Full Case Text

State v Odhiambo (Criminal Case E027 of 2022) [2024] KEHC 1339 (KLR) (15 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1339 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E027 of 2022

DO Ogembo, J

February 15, 2024

Between

State

Prosecution

and

Agrippa Oluoch Odhiambo

Accused

Ruling

1. The Prosecution closed its case herein having called a total of five witnesses. Neither party made any submissions on whether the evidence of the Prosecution established a prima facie case against the accused. I have considered the evidence of the five prosecution witnesses, and guided by the authority of Ramanlal Trambaklal Bhatt v R [1957] EA 332, I am convinced that a prima facie case has been established against the accused.I accordingly place the accused to his own defence.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF FEBRUARY, 2024D.O. OGEMBOJUDGE15/2/2024Court:Ruling read out in presence of the accused, Mr. Owuor Advocate for Mr. Mshindi and Ms. Mumu for Prosecution.D.O. OGEMBOJUDGE15/2/2024Court:Date fixed for defence. Defence hearing on 20/5/2024. D.O OGEMBOJUDGE15/2/2024