The prosecution has called a total of seven (7) witnesses in this case against the accused Martin Omondi Otieno. I have considered the evidence of the said 7 witnesses. In the case of RAMANLAL TRAMBAKLAL BHATI Vs. R (1957) EA 32, the standards with regard to establishing of a prima facie was well settled, that a prima facie case is one in which a reasonable court properly directing its mind to the law and the evidence, could convict, if no explanation was offered by the defence.
I am in this case convinced that the prosecution has established a prima facie case against the accused. I accordingly find that the accused has a case to answer and I put him to his own defence.
Dated, signed and Delivered at Siaya this 11th Day of April, 2024
D.O. OGEMBO
JUDGE
11/4/2024
Court:
Ruling read out in Open Court in presence of the accused, Mr. Ooro for the accused and Mr. Baraza for the State. Defence hearing 22/4/2024.
D.O. OGEMBO
JUDGE
11/4/2024