Republic v Mugo [2022] KEHC 15008 (KLR)

Republic v Mugo (Criminal Case 13 of 2019) [2022] KEHC 15008 (KLR) (Crim) (9 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15008 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case 13 of 2019

DO Ogembo, J

November 9, 2022

Between

Republic

Prosecutor

and

Richard Mangi Mugo

Accused

Ruling

1. I have considered the evidence of the 10 prosecution witnesses. I have also considered the submissions filed herein by both the prosecution and the defence sides. This court is guided by the decision in Ramanlal Trambaklal Bhaff versus Republic (1957)EA, 332, that,“It may not be easy to define what is meant by a “prima facie case,” but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”

2. I am in the circumstances convinced that the prosecution has established a prima facie case against the accused. I accordingly find that the accused has a case to answer and I place him to his own defence under section 211 of the criminal procedure code.

D. O. OGEMBOJUDGE9TH NOVEMBER, 2022. Court:Ruling read out in open court in the presence of the accused, Mr. Ogado for accused and Ms. Kimani for the stateD. O. OGEMBOJUDGE9th NOVEMBER, 2022. Court:Date of defence to be given. Directions on section 211 of the Criminal Procedure Code to be given on the date fixed for defence. Defence hearing 22. 2.2023.