Republic v Lugalia & 2 others [2025] KEHC 10314 (KLR)

Republic v Lugalia & 2 others (Criminal Case 29 of 2021) [2025] KEHC 10314 (KLR) (17 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10314 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case 29 of 2021

JN Kamau, J

July 17, 2025

Between

Republic

Prosecutor

and

Alex Lugalia

1st Accused

Fred Muhako Lugalia

2nd Accused

Stanley Akwiyanga Lugalia

3rd Accused

Ruling

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

2. On 8th April 2025, the Prosecution closed its case after calling a total of five (5) Prosecution witnesses.

3. The 1st, 2nd and 3rd Accused persons and Prosecution did not file Written Submissions on the question of whether or not the 1st, 2nd and 3rd Accused persons had a case to answer. They relied on the evidence that had been adduced by the Prosecution witnesses.

4. 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 and 3rd 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 17TH DAY OF JULY 2025J. KAMAUJUDGE