Republic v Khachira & another [2024] KEHC 2060 (KLR)

Republic v Khachira & another (Criminal Case 3 of 2021) [2024] KEHC 2060 (KLR) (28 February 2024) (Ruling)

Neutral citation: [2024] KEHC 2060 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case 3 of 2021

JN Kamau, J

February 28, 2024

Between

Republic

Prosecution

and

Patrick Chengo Khachira

1st Accused

Juston Ayodi Keya

2nd Accused

Ruling

1. This matter was part heard before Musyoka J, Amin J. and P. J. Otieno J. This court became seized of this matter on 21st March 2023. The parties asked it to hear the matter de novo.

2. On 1st November 2023, the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses.

3. Both the Prosecution and the Accused persons filed Written Submissions on the question of whether or not the Accused persons had a case to answer. The Prosecution’s Written Submissions were dated and filed on 9th November 2023 while those of the Accused persons were dated 19th December 2023 and filed on 20th December 2023.

4. Having carefully considered the evidence by the Prosecution witnesses and parties’ Written Submissions, the court was of the opinion that a prima facie case had been established against the Accused persons herein to warrant them being put on their Defence. They are hereby put on their defence.

5. It is so ordered.

DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF FEBRUARY 2024J. KAMAUJUDGE