Patrick Mwasi v John Mwanjewe Mdamu [2016] KEHC 1163 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT VOI

CRIMINAL APPEAL NO 8 OF 2014

REPUBLIC

VERSUS

PATRICK MWASI................................................1ST ACCUSED

JOHN MWANJEWE MDAMU..........2ND ACCUSED PERSON

RULING

1. On 31stMarch 2016 the Prosecution closed its case after calling a total of ten (10) Prosecution witnesses.

2. The court directed that counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer. Mr Mwinzi filed Written Submissions for both the 1st and 2nd Accused persons. The said Written Submissions dated 13th March 2016 and cases in support thereof were filed on even date. The State’s Written Submissions dated 9th June 2016 and cases in support of its case were filed on the same date.

3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused persons, the court was of the opinion that a prima facie case had been established against the 1st and 2ndAccused persons to warrant them being put on his Defence. They are hereby put on their defence.

4. It is so ordered.

DATED and DELIVERED at VOI this 21STday of JUNE2016

J. KAMAU

JUDGE

In the presence of:-

Sirima……………………….. for State

Mwinzi ……………………….for Accused person

Simon Tsehlo– Court Clerk