Republic v Muhindi [2024] KEHC 7855 (KLR)

Republic v Muhindi (Criminal Case 4 of 2022) [2024] KEHC 7855 (KLR) (26 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7855 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case 4 of 2022

JN Kamau, J

June 26, 2024

Between

Republic

Prosecution

and

Joseph Livambula Muhindi

Accused

Ruling

1. Njagi J took the evidence of Kelvin Anyuka (hereinafter referred to as “PW 1”) and Josphine Vihenda (hereinafter referred to as “PW 2”).

2. This court became seized of this matter on 17th April 2023. It took the evidence of Dr Collins Were Masika (hereinafter referred to as “PW 3”), Fredrick Musilwa Livambula (hereinafter referred to as “PW 4”), No 78796 Corporal Benard Ng’eno (hereinafter referred to as “PW 5”).

3. On 6th March 2024, the Prosecution closed its case after calling a total of five (5) Prosecution witnesses.

4. At the close of the Prosecution case, both parties indicated to court that they would not be filing any written submissions on the question of whether the Accused person had a case to answeror not but that they would rely on the evidence on record.

5. Having carefully considered the evidence of the said Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.

6. It is so ordered.

DATED and DELIVERED at VIHIGA this 26th day of June 2024J. KAMAUJUDGEHCCRC NO 4 OF 2022 0