State v Oduor [2023] KEHC 25830 (KLR)

State v Oduor (Criminal Case E030 of 2023) [2023] KEHC 25830 (KLR) (22 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25830 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E030 of 2023

DO Ogembo, J

November 22, 2023

Between

State

Prosecution

and

Susan Auma Oduor

Accused

Ruling

1. I have considered the evidence of 6 Prosecution witnesses wholly. I have also considered the submissions of the accused filed on 6/11/2023 and dated 5/11/2023. In deciding on whether Prosecution has established a prima facie case against the accused, this court is guided by the decision on the case of Ramanlal Trambaklal Bhatt v R(1957) EA322, that prima facie is;“Where a reasonable court directing its mind to the evidence would convict if no explanation were offered by the defence.”

2. I am convinced in this matter that the Prosecution has met this burden and established a prima facie case against the accused. I accordingly find the accused with a case to answer and place her to her own defence.It is ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE22. 11. 2023Court:Ruling read out in Open court in presence of accused, Mr. Oduol for accused and Ms. Mumu for State.D.O. OGEMBOJUDGE22. 11. 2023Court:Fixed for Defence hearing.Hearing 20. 2.2024. Mr. Oduol:Accused shall give sworn evidence. We shall call no other witness.Court:Same is noted.D.O. OGEMBOJUDGE22. 11. 2023