Republic v Kibunja & 3 others [2025] KEHC 10414 (KLR) | Prima Facie Case | Esheria

Republic v Kibunja & 3 others [2025] KEHC 10414 (KLR)

Full Case Text

Republic v Kibunja & 3 others (Criminal Case E002 of 2022) [2025] KEHC 10414 (KLR) (16 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10414 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case E002 of 2022

JN Kamau, J

July 16, 2025

Between

Republic

Prosecutor

and

Geoffrey Kibunja

1st Accused

Lucy Lozenja

2nd Accused

Charles Ndori

3rd Accused

Patrick Osuku

4th Accused

Ruling

1. This matter was partly heard by Musyoka and P.J Otieno JJ. This court became seized of the same on 29th March 2023. The parties asked it to proceed from where the same had reached.

2. On 10th July 2025, the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses. The parties informed the court that they would not be filing Written Submissions on the question of whether or not the 1st, 2nd, 3rd and 4th Accused persons had a case to answer. They relied on the evidence that had been adduced by Prosecution witnesses.

3. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the 1st, 2nd, 3rd and 4th Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.

4. It is so ordered.

DATED AND DELIVERED AT VIHIGA THIS 16TH DAY OF JULY 2025J. KAMAUJUDGE