State v Odiyo [2024] KEHC 5196 (KLR)

State v Odiyo (Criminal Case E009 of 2023) [2024] KEHC 5196 (KLR) (16 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5196 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E009 of 2023

DO Ogembo, J

May 16, 2024

Between

State

Prosecution

and

John Otieno Odiyo

Accused

Ruling

1. I have considered the evidence of the four prosecution witnesses herein. Neither the prosecution nor the defence have made submissions on whether a prima facie case has been established against the accused. Guided by the authority in Bhatt -VS- R, (1957) EA 332, I am convinced that a prima facie case has been established against the accused. I accordingly find that the accused has a case to answer and I put him on his own defence.

DATED, SIGNED AND DELIVERED THIS 16TH DAY OF MAY, 2024D. O OGEMBOJUDGE16/5/2024CourtRead out in Court in presence of Accused, Mr. Ooro F. for accused and Ms. Kerubo for the State.D. O OGEMBOJUDGE16/5/2024CourtDate for defence to be given. Defence hearing on 1/7/2024. D. O OGEMBOJUDGE16/5/2024