Republic v David Matata Kiteme [2017] KEHC 5278 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT VOI

CRIMINAL APPEAL NO 13 OF 2014

REPUBLIC

VERSUS

DAVID MATATA KITEME

RULING

1. On 14th February 2017 the Prosecution closed its case after calling seven (7) Prosecution witnesses.

2. The court directed that counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer, which they duly did. The Accused person’s Written Submissions were dated and filedon 24th March 2017 while those of the State were dated 10th April 2017 and filed on 12th April 2017.

3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused person, the court was of the opinion that a prima facie case had been established to warrant the Accused person to be put on his Defence. He is hereby put on his defence.

4. It is so ordered.

DATED and DELIVERED at VOI this 4thday of May2017

J. KAMAU

JUDGE

In the presence of:-

Oduor h/b  for Muthami-for Accused person

Miss Anyumba-for State

Josephat Mavu– Court Clerk