Republic v Joakim Odwor Okal [2019] KEHC 554 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL CASE NO. 12 OF 2015

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

VERSUS

JOAKIM ODWOR OKAL...........................................................ACCUSED

RULING

1. When this matter came up for hearing on 16th October 2019, I declined to allow an application for adjournment by the state, and the state closed its case.

2. The last time the matter proceeded was 9th February 2016, when PW3 testified. PW1 and PW2 had testified on 18th November 2015. Thereafter the matter came up several times, and was adjourned for various reasons. On 10th May 2016, it was because the state witnesses were not in court. On 14th December 2016, it was because the there were no witnesses and the advocate for the accused was absent. On 19th June 2017, the matter could not be reached.  On 20th July 2017, there was no police file. On 11th June 2018, the state did not have the police file. On 18th July 2018, again there was no police file and witnesses were not in court. On 21st November 2018, it was the same story, no police file and no witnesses. It was the same story on 5th March 2019 and 21st May 2019

3. I have gone through the record with a view of determining whether the prosecution has established a prima facie case, sufficient to have the accused person put on his defence.

4. I have guidance from Ramanlal Trambaklal Bhatt vs. R (1957) EA 332, where the court describes 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.

5. I have gone through the record before me, principally the testimonies of PW1, PW2 and PW3, 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