Republic v alias Thomas Otanga [2024] KEHC 11437 (KLR)

Republic v alias Thomas Otanga (Criminal Case 33 of 2021) [2024] KEHC 11437 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11437 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case 33 of 2021

JN Kamau, J

September 26, 2024

Between

Republic

Prosecutor

and

Wycliffe Masinde Kuya alias Thomas Otanga

Accused

Ruling

1. This matter was part heard before Musyoka J. This court became seized of this matter on 8th March 2023. The parties asked it to proceed from where the matter had reached.

2. On 9th July 2024, the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses.

3. Both parties did not file any Written Submissions on the question of whether or not the Accused person had a case to answer. They both relied on the evidence that had been adduced by the Prosecution witnesses.

4. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.

5. It is so ordered.

DATED AND DELIVERED AT VIHIGA THIS 26TH DAY OF SEPTEMBER 2024J. KAMAUJUDGE