Republic v Musyala [2022] KEHC 3164 (KLR)

Republic v Musyala (Criminal Case 21B of 2017) [2022] KEHC 3164 (KLR) (28 June 2022) (Ruling)

Neutral citation: [2022] KEHC 3164 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case 21B of 2017

GMA Dulu, J

June 28, 2022

Between

Republic

Prosecution

and

Joseph Musyoka Musyala

Accused

Ruling

1. Having considered the evidence of the prosecution on record, and taking into account the reasoning in the case ofRamanlal Bhatt v R [1957] E.A 322 that an accused person can be put on his/her defence only when a prima facie case has been established by the prosecution, as well as the submissions herein of counsel for the accused person, I am of the view that the prosecution has established a prima facie case against the accused person herein, based on the evidence on record.

2. This is bearing in mind that aprima facie case is simply a case, as explained by the court in R. Bhatt v R (supra) is evidence where a reasonable court, taking into account the evidence on record and the accused not rendering any evidence in defence, may convict. The standard thus for establishing a prima facie case is much lower, than proof beyond any reasonable doubt.

3. Having found that the prosecution has established a prima facie case against the accused person herein, he has a case to answer, and I proceed to put him on his defence, and will thus explain to him the options available in his defence under section 211 of the Criminal Procedure Code (cap.75).

DELIVERED, SIGNED & DATED THIS 28TH DAY OF JUNE 2022, IN OPEN COURT AT MAKUENI.……………………………….George DuluJudge