Republic v Daniel Kipkurui Kibowen [2020] KEHC 2949 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KABARNET

CRIMINAL CASE NO. 61 OF 2017

REPUBLIC..................................................PROSECUTOR

VERSUS

DANIEL KIPKURUI KIBOWEN........................ACCUSED

RULING ON CASE TO ANSWER

1.   Upon considering the evidence presented herein by the Prosecution and the written submissions dated 23rd April 2020 thereon by Counsel for the Accused, without exhaustive discussion of the merits so as not to prejudice the fair trial of the case as counseled by Kibera Karimi v. R (1979) KLR 36, and Festo Wandera Mukando v. R (1976 – 80) KLR 1626, and having considered as held in KBT HCCRC No. 13 of 2017, that –

“A trial Court is under a duty, as held by the Court of Appeal in Murimi v. R (1967) EA 542, to acquit an accused if the Prosecution “failed to make out a case sufficient to require the accused to enter a defence” and further that such a case is made out when a prima facie case is established being “one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.” See Ramanlal T. Bhatt v. R (1957) EA 332, 335”

I find that the Prosecution has established a prima facie case.

2.   Consequently, the accused shall be put on his defence in accordance with section 306 (2) of the Criminal Procedure Code, and his rights thereunder shall be explained to him.

Order accordingly.

DATED AND DELIVERED THIS 24TH DAY OF SEPTEMBER 2020.

EDWARD M. MURIITHI

JUDGE

Appearances:

M/S Mbeche & Co. Advocates for the Appellant.

Ms. Macharia, Ass. DPP for the Respondent.