State v Otieno [2023] KEHC 25964 (KLR)

State v Otieno (Criminal Case E016 of 2022) [2023] KEHC 25964 (KLR) (23 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25964 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E016 of 2022

DO Ogembo, J

November 23, 2023

Between

State

Prosecution

and

Francis Stephen Otieno

Accused

Ruling

1. I have considered the evidence of the 7 Prosecution witnesses and the submissions filed herein by the defence on 14/11/2023. Guided by the authority of Bhatt v R (1957) EA 332, I am convinced that a prima facie case has been established against the accused that would warrant that accused being placed to his own defence. I accordingly find that accused has a case to answer and place him to his own defence.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RDDAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE23. 11. 2023Court:Ruling read out in Open court in presence of accused, Mr. Ooro for accused and Ms. Mumu for State.Defence hearing 13/2/2023. D.O. OGEMBOJUDGE23. 11. 2023Ooro:We shall give sworn evidence and call 2 more witnesses.We shall supply sentences.Court:Same is noted.D.O. OGEMBOJUDGE23. 11. 2023