Case ID:171033

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