Republic v Lubakha [2023] KEHC 20931 (KLR)

Republic v Lubakha (Criminal Case E006 of 2023) [2023] KEHC 20931 (KLR) (28 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20931 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Case E006 of 2023

WM Musyoka, J

July 28, 2023

Between

Republic

Prosecution

and

Charles Wanzala Lubakha

Accused

Ruling

1. I have perused the record, and I had the advantage of hearing all the witnesses herein. 3 witnesses testified to seeing the accused hit the deceased on the head with a rungu or fimbo. I am persuaded that the Republic has adduced evidence to establish a prima facie case against the accused herein, sufficient to support a finding that the accused has a case to answer, to warrant his being put on his defence.

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS …….............28TH................…DAY OF…………….......JULY......…………. 2023**WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Appearances3. Mr. Mayaba, instructed by the Director of Public Prosecutions, for the Republic.P4. Mr. Okutta, instructed by Gona Joyce, Advocate for the accused person.criminal case no. e006 of 2023 – ruling 2