Case ID:171033
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Republic v Benard Onyango Ogango [2020] eKLR
Case Metadata
Case Number:
Criminal Case 9 of 2017
Parties:
Republic v Benard Onyango Ogango alias “Boss”
Date Delivered:
06 May 2020
Case Class:
Criminal
Court:
High Court at Kisumu
Case Action:
Ruling
Judge(s):
Fred Andago Ochieng
Citation:
Republic v Benard Onyango Ogango [2020] eKLR
Court Division:
Criminal
County:
Kisumu
Case Outcome:
Accused put to his defence
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
HCCRC NO. 9 OF 2017
PROSECUTOR..................................................................................................REPUBLIC
VERSUS
BENARD ONYANGO OGANGO
Alias
“BOSS”..............................................ACCUSED
RULING
The accused,
BENARD ONYANGO OGANGO
Alias
BOSS
, was charged with the offence of
Murder
contrary to
Section 203
as read with
Section 204
of the
Penal Code
.
1. The particulars of the offence were that on the 21
st
March 2017, at Tura Sub-location, Kakola Location, Nyando Sub-County, jointly with another person who is not before court, they murdered
JAMES WILLIAM GOR
.
2. At the trial the prosecution called eight witnesses.
3. Having given due consideration to the evidence on record,
I am satisfied that the prosecution has, on a prima facie basis, shown that the accused was linked to the assault upon the deceased, which led to his death.
4. It does appear that there were at least 3 eye-witnesses who saw what transpired.
5. In the circumstances, I find that if the accused fails to give a reasonable account, to respond to the evidence already tendered, the court would probably convict him.
6. In other words, I find that the accused has a case to answer, and he is thus put to his defence.
DATED, SIGNED and DELIVERED at KISUMU This 6
th
day of May 2020
FRED A. OCHIENG
JUDGE