Republic v Stephen Ochieng Otieno

Republic v Otieno (Criminal Case E033 of 2022) [2024] KEHC 5026 (KLR) (14 May 2024) (Ruling) Neutral citation: [2024] KEHC 5026 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL CASE E033 OF 2022 DO OGEMBO, J MAY 14, 2024 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND STEPHEN OCHIENG OTIENO ................................................................. ACCUSED RULING 1. The Prosecution has called a total of 6 witnesses in this matter. This case is now for the ruling of the court on whether a prima facie case has been established against the accused that would warrant the accused being placed to his own defence. In the case of Bhatt –vs. R (1957) EA 332, it was held that a prima facie case is established when a court properly constituted would convict the accused should the accused offer no evidence in rebuttal. 2. I have considered the evidence of the 6 prosecution witnesses. I am convinced that a prima facie case has been established by the prosecution. I accordingly find that the accused has a case to answer and I put him to his own defence. It is so ordered. DATED, SIGNED AND DELIVERED THIS 14TH DAY OF MAY, 2024. D. O. OGEMBO JUDGE 14/5/2024 Court Ruling read out in Open Court in presence of the Accused, Mr. Were for Accused and Ms. Kerubo for State. D. O. OGEMBO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5026/eng@2024-05-14 1

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