Republic v Anduru alias Otina & another [2024] KEHC 7856 (KLR)

Republic v Anduru alias Otina & another (Criminal Case 31 of 2021) [2024] KEHC 7856 (KLR) (25 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7856 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case 31 of 2021

JN Kamau, J

June 25, 2024

Between

Republic

Accused

and

Elphas Otiende Anduru Alias Otina

1st Accused

Lilian Angiso Robert

2nd Accused

Ruling

1. This matter was partly heard by Musyoka J. He took the evidence of Adams Ochami Namyaga (hereinafter referred to as “PW 1”), Alfred Amuga (hereinafter referred to as “PW 2”), Rebecah Ayuma Ngaa (hereinafter referred to as “PW 3”), Dr Dixon Mchana (hereinafter referred to as “PW 4”), Hezron Arunga (hereinafter referred to as “PW 5”), No 29394 PC Ronald Ngala Olweno (hereinafter referred to as “PW 6”) and Joel Nanjelo John (hereinafter referred to as “PW 7”).

2. This court became seized of the matter on 8th March 2023. It took the evidence of Richard Kimutai Lang’at (hereinafter referred to as “PW 8”) and No 661566 Corporal Paschal Syombua (hereinafter referred to as “PW 9”).

3. On 5th November 2023, the Prosecution closed its case after calling a total of nine (9) Prosecution witnesses.

4. The 1st Accused person’s Written Submissions were dated 4th December 2023 and filed on 16th February 2023 while those of the 2nd Accused person were dated 6th December 2023 and filed on 7th December 2023. Although the Prosecution indicated that it had filed its Written Submissions, this court noted that the same were not in the court file as at the time of writing this Ruling.

5. The 1st and 2nd Accused persons reproduced the evidence that was tendered during trial and submitted that the Prosecution had not established any case to warrant placing them on their defence. They urged this court to acquit and discharge them under Section 306 and 210 of the Criminal Procedure Code respectively.

6. Having carefully considered the evidence of the said Prosecution witnesses and the Written Submissions by the Accused persons, the court was of the opinion that a prima facie case had been established against the 1st and 2nd Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.

7. It is so ordered.

DATED AND DELIVERED AT VIHIGA THIS 25TH DAY OF JUNE 2024J. KAMAUJUDGE