Republic v James Kimutai Towett [2018] KEHC 4897 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL CASE NO. 47 OF 2010

REPUBLIC.............................................APPELLANT

VERSUS

JAMES KIMUTAI TOWETT...........RESPONDENT

RULING

I have confirmed that there is a subsisting court’s order of 15th July, 2015 by Justice Githua that this matter was to start De Novo. Given it, no witnesses has been called by the prosecution. There is therefore no evidence to weigh in consideration as to whether a prima facie case is established against him. Accordingly, it is obvious that a prima facie case is not established against him and he is acquitted of the offence under Section 210 of the CPC.

S.M GITHINJI

JUDGE

DATED, SIGNEDandDELIVEREDatELDORETthis25th day of July, 2018.

In the presence of:-

The accused

Ms. Kagali for the state

Mr. Mwelem - Court Assistant