State v Stanley Musungu Ogombe [2022] KEHC 1873 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL CASE NO. E015 OF 2021

CORAM: HON. R.E. ABURILI, J

STATE................................................................................................PROSECUTION

VERSUS

STANLEY MUSUNGU OGOMBE...........................................................ACCUSED

RULING ON A CASE TO ANSWER

1. The accused person Stanley Musungu Ogombe is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. The particulars of the offence as per Information dated 5th July 2021 are that on the 25th day of June, 2021 at Sumba sub-location within Nyadorera Sub-County within Siaya County, he murdered Bravin Ochieng Obonyo.

3. The accused pleaded not guilty to the charge.

4. The Prosecution have called 8 witnesses who have testified and produced 2 exhibits.  They closed their case on 21/2/2022.

5. This court is now called upon to rule on whether the accused person has a case to answer.

6. At this stage, the prosecution is not expected to have proved its case beyond reasonable doubt, which is the yardstick in criminal cases.  The Prosecution is expected to establish a prima facie case against the accused person to warrant him to be placed on his defence.  A prima facie case is not necessarily one that must succeed.  However, the burden of proof lies with the prosecution throughout the trial to prove the guilt of the accused person beyond reasonable doubt.

7. In the instant case, the court is expected to consider the evidence adduced and determine whether it meets the threshold for a prima facie case.

8. And if the court is so satisfied that a prima facie case is established, it should not delve deep into the depths of the evidence as that analysis can prejudice the accused person.

9. I have perused the evidence of the 8 prosecution witnesses and I am persuaded that a prima facie case has been established against the accused person.

10. Accordingly, I find the accused person Stanley Musungu Ogombe has a case to answer for the charge of Murder as presented.  He is hereby placed on his defence.

11. The provisions of Section 306(2) of the Criminal Procedure Code and Article 50(2) of the Constitution on the rights of the accused person to remain silent, to adduce and challenge evidence and if so, how, and the right not to give any self-incriminating evidence are hereby explained to the accused person in the Kiswahili language in the presence of his advocate Mr. Ooro.

12. Orders accordingly.

Dated, signed and Delivered at Siaya this 1st Day of March, 2022

R.E. ABURILI

JUDGE