Republic v Alex Mwendo John [2021] KEHC 5164 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MAKUENI

HIGH COURT CRIMINAL CASE NO. 158 OF 2017

(FORMERLY MACHAKOS HCCRC 7 OF 2019)

REPUBLIC.................................PROSECUTION

-VERSUS-

ALEX MWENDO JOHN.....................ACCUSED

RULING ON CASE TO ANSWER

1. I have perused and considered the evidence of the prosecution on record.

2. I have also considered the submissions of the counsel for the accused person on whether the prosecution has established a prima facie case against the accused to justify the court put the accused person on his defence. I note that the prosecution has relied on the evidence on record.

3. A prima facie case is not the same thing as proof of a case beyond any reasonable doubt. A prima facie case is a case where a court of law properly directing itself on the evidence on record, may convict.

4. I find that in the present case, with the evidence on record, the prosecution has established a prima facie case against the accused person herein. I so find and proceed to put the accused person herein on his defence.

5. I will thus proceed to explain to the accused person the three (3) options available to him in his defence under section 211 of the Criminal Procedure Code (cap 75).

Delivered, signed & dated this 13th day of July 2021, in open court at Makueni.

……………………………….

GEORGE DULU

JUDGE