State v Onani alias Awiko [2024] KEHC 1375 (KLR)

State v Onani alias Awiko (Criminal Case E031 of 2022) [2024] KEHC 1375 (KLR) (15 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1375 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E031 of 2022

DO Ogembo, J

February 15, 2024

Between

State

Prosecution

and

Wycliffe Otieno Onani Alias Awiko

Accused

Ruling

1. The Prosecution herein called a total of 9 witnesses who have given evidence in support of the charge herein. At the close of the Prosecution’s case, neither the defence nor the Prosecution sides have made any submissions as to whether a prima facie case has been established against the accused. I have accordingly considered the evidence of the 9 prosecution witnesses and guided by the authority inRamanlal Bhatt v R(1957)EA, I am satisfied that a prima facie case has been established against the accused. I accordingly find that accused has a case to answer and I put him to his own defence.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF FEBRUARY, 2024D.O. OGEMBOJUDGE15. 2.2024Court:Ruling read out in Open court in presence of accused, Mr. Okanda for accused and Ms. Mumu for State.D.O. OGEMBOJUDGE15. 2.2024Court:Matter fixed for Defence hearing.Defence hearing on 21-5-2024. D.O. OGEMBOJUDGE15. 2.2024