State v Odiyo

State v Odiyo (Criminal Case E009 of 2023) [2024] KEHC 5196 (KLR) (16 May 2024) (Ruling) Neutral citation: [2024] KEHC 5196 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL CASE E009 OF 2023 DO OGEMBO, J MAY 16, 2024 BETWEEN STATE ................................................................................................... PROSECUTION AND JOHN OTIENO ODIYO .............................................................................. ACCUSED RULING 1. I have considered the evidence of the four prosecution witnesses herein. Neither the prosecution nor the defence have made submissions on whether a prima facie case has been established against the accused. Guided by the authority in Bhatt -VS- R, (1957) EA 332, I am convinced that a prima facie case has been established against the accused. I accordingly find that the accused has a case to answer and I put him on his own defence. DATED, SIGNED AND DELIVERED THIS 16TH DAY OF MAY, 2024 D. O OGEMBO JUDGE 16/5/2024 Court Read out in Court in presence of Accused, Mr. Ooro F. for accused and Ms. Kerubo for the State. D. O OGEMBO JUDGE 16/5/2024 Court Date for defence to be given. Defence hearing on 1/7/2024. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5196/eng@2024-05-16 1

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