Republic v Calvin Waweru [2019] KEHC 1639 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL CASE NO. 47 OF 2014

REPUBLIC...........................DIRECTOR OF PUBLIC PROSECUTIONS

VERSUS

CALVIN WAWERU......................................................................ACCUSED

RULING

1. On 17th June 2019, the prosecution closed its case. The defence put in written submissions on a no case to answer.  I have gone through the record to ascertain whether the prosecution has established a prima facie case, sufficient to have accused person put on his defence.

2. I have guidance from Ramanlal Trambaklal Bhatt vs. R (1957) EA 332, where the court described a prima facie case as one in which a reasonable tribunal, properly directing its mind to the law and the evidence, could convict, if no explanation was offered by the defence. Director of Public Prosecutions vs. Geoffrey Mukonza Mwangangi [2018] eKLR and Frankline Muthoka Mumo vs. Republic [2019] eKLR are in similar vein.

3. I have gone through the record before me, principally the testimonies of PW1, PW2, PW3, PW4, PW5, PW6, PW7, PW8 and PW9, and I am persuaded that the prosecution has adduced evidence which establishes a prima facie case against the accused person, and I hereby find that the accused has a case to answer, and I shall, accordingly, be put him on his defence.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF NOVEMBER, 2019

W. MUSYOKA

JUDGE