Republic (DPP) v Tabiro [2022] KEHC 9938 (KLR)

Republic (DPP) v Tabiro (Criminal Case 40 of 2017) [2022] KEHC 9938 (KLR) (1 July 2022) (Ruling)

Neutral citation: [2022] KEHC 9938 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 40 of 2017

PJO Otieno, J

July 1, 2022

Between

Republic (DPP)

Prosecution

and

Enock Tabiro alias Moses Nandwa

Accused

Ruling

1. On June 15, 2021 the prosecution was unable to avail their last witness and he court deemed the prosecution’s case closed and called for written submissions on whether or not the prosecution had established a prima facie case to merit the accused being placed on his defence.

2. Pursuant to those directions the accused filed submissions dated July 12, 2021 on July 19, 2021 but the prosecution did not file any submissions.

3. I have had the benefit of reading the proceedings taken before Njagi, J., recording evidence from seven (7) witnesses, and in my assessment the evidence establishes a case that merits the accused putting up his defence. I find accused has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 1ST DAY OF JULY 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mboozo for the StateNo appearance for Mr. Ondieki for the AccusedCourt Assistant: Kulubi