Republic v Patrick Oita Nyapara [2021] KEHC 4006 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

CRIMINAL CASE NO. 20 OF 2019

REPUBLIC.......................................................DIRECTOR OF PUBLIC PROSECUTIONS

VERSUS

PATRICK OITA NYAPARA.....................................................................................ACCUSED

RULING

1.  On 8th July 2021, the prosecution closed its case. The defence filed written submissions on a no case to answer. I have read through the said written submissions and noted the arguments made therein.  I have also gone through the record, to assess whether or not the prosecution has established a prima facie case, sufficient to have accused person put on his defence.

2.  I have gotten guidance from Ramanlal Trambaklal Bhatt vs. R (1957) EA 332 (Sir Newham Worley P, Sir Ronald Sinclair VP and Bacon JA), where the court described a prima facie case as one in which a reasonable court, properly directing its mind to the law and the evidence, could convict, if no explanation was offered by the defence. See also Director of Public Prosecutions vs. Geoffrey Mukonza Mwangangi [2018] eKLR (Ngenye-Macharia J) and Frankline Muthoka Mumo vs. Republic [2019] eKLR (Odunga J).

3.  I have read through the testimonies of PW1 to PW20, and I am persuaded that the prosecution has adduced evidence which establishes a prima facie case against the accused person, and I hereby find that the accused has a case to answer, and I, accordingly, put him on his defence.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 17th DAY OF SEPTEMBER 2021

W MUSYOKA

JUDGE