Republic v Peter Muhati Ondusi [2019] KEHC 3286 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

CRIMINAL CASE NO. 59 OF 2009

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

VERSUS

PETER MUHATI ONDUSI......................................................................ACCUSED

RULING

1. Although I had allocated this matter a date for judgement, I have gone through the record and established that it ought to come up for a ruling on whether the prosecution has established a prima facie case, sufficient to have accused should be put on his defence.

2. I have guidance from Ramanlal Trambaklal Bhatt vs. R (1957) EA 332, where the court describes a prima facie case as one in which a reasonable tribunal, properly directing its mind to the law and the evidence, could convict, if no explanation was offered by the defence. Director of Public Prosecutions vs. Geoffrey Mukonza Mwangangi [2018] eKLR and Frankline Muthoka Mumo vs. Republic [2019] eKLR are in similar vein.

3. I have gone through the record before me, principally the testimonies of PW1, PW2, PW3 and PW4, 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 shall, accordingly, put him on his defence.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS  25TH  DAY OF  OCTOBER  2019

W MUSYOKA

JUDGE