Republic v Owino (Criminal Case E012 of 2023) [2024] KEHC 12878 (KLR) (25 October 2024) (Ruling)
Neutral citation:
[2024] KEHC 12878 (KLR)
Republic of Kenya
Criminal Case E012 of 2023
DK Kemei, J
October 25, 2024
Between
Republic
Prosecution
and
Felix Charles Owino
Accused
Ruling
1.The accused herein, Felix Charles Owino is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge read that on 17/4/2022 at Simur sub-location in Ugunja Sub County within Siaya County, he murdered Rayden Ooko. The prosecution has closed its case having called a total of six witnesses. This case therefore comes up for a determination on whether the prosecution has managed to establish a prima facie case against the accused so as to enable him to be put on his own defence.
2.The standard applicable in determining whether or not a prima facie case has been established is well settled in the case of Ramnalal Trambaklala Bhatt v R (1957) EA 332, in which the court of Appeal observed in part:
3.I have in this case considered the evidence of the six prosecution witnesses wholly. I have also considered the submissions filed herein by both the prosecution and the defence sides. I am convinced that a prim facie case has been established by the prosecution against the accused. I accordingly therefore find that the accused has a case to answer and put him to his own defence. In the case of Festo Wandera Mukanda V R (1980) KLR 103, the Court of Appeal, giving directions on whether a court deciding on whether a prima facie case has been established is obligated to give reasons for such determination, held in part:
4.The totality of the evidence of the six witnesses has clearly placed the accused at the scene of crime thereby warranting him to render an account of how the deceased met his death. Being guided by the authority in Bhatt v R [1957] EA 332 (supra), it follows that were the defence to elect to remain silent in defence, then the evidence so far tendered would be sufficient to sustain a conviction against the accused.
5.In the result, it is my finding that the prosecution has made out a prima facie case against the accused herein to warrant him being placed on his defence. Consequently, I find that the accused herein Felix Charles Owino has a case to answer and is now called upon to elect to conduct his defence in line with the provisions of Section 306(2) of the Criminal Procedure Code.Orders accordingly.
DATED AND DELIVERED AT SIAYA THIS 25TH DAY OF OCTOBER, 2024.D. KEMEIJUDGE