REPUBLIC V FLORENCE NANALWA MASASI & 2 OTHERS [2012] KEHC 2656 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

CRIMINAL CASE 11 OF 2006

REPUBLIC...................................................................APPLICANT

VERSUS

FLORENCE NANALWA MASASI................1ST RESPONDENT

PETER MASASI MUCHAWANA................2ND RESPONDENT

MUSA MASASI..........................................3RD RESPONDENT

RULING

In the case of Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A. 332, a prima facie case was defined as 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. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, that final determination can only properly be made when the case for the defence has been heard.

I have considered the evidence which the prosecution has adduced in this case, and I find no prima facie case demonstrated against the 1st accused as defined in the Bhatt -Vs- Republic case (supra).   I therefore acquit the 1st accused under Section 306 of the Criminal Procedure Code.

I am however, satisfied that a prima facie case has been demonstrated against the 2nd and 3rd accused. The two therefore have a case to answer and are put on their defence.

It is so ordered.

DATED AND DELIVERED AT ELDORET

THIS 19TH DAY OF JULY, 2012.

F. AZANGALALA

JUDGE

Read in the presence of:-

Mr. Chirchir for the State and

Mr. Chepkwony for the accused persons.

F.AZANGALALA

JUDGE

19TH JULY, 2012