Republic v Simiyu [2024] KEHC 9186 (KLR)

Republic v Simiyu (Criminal Case E031 of 2023) [2024] KEHC 9186 (KLR) (29 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9186 (KLR)

Republic of Kenya

In the High Court at Bungoma

Criminal Case E031 of 2023

DK Kemei, J

July 29, 2024

Between

Republic

Prosecution

and

Edwin Wafula Simiyu

Accused

Ruling

1. Court: I have considered the evidence adduced by the six (6) prosecution ‘s witnesses and find that the accused herein Edwin Wafula Simiyu has been placed at the scene of Crime thereby requiring him to render an explanation as to how the deceased met his death. Consequently, I find that the prosecution has established a prima facie case against the accused herein to warrant him to be called upon to make a defence . Hence, I find that the accused has a case to answer and who is now called upon to elect to conduct his defence in line with the provisions of section 306 (2) of the Criminal Procedure Code.

DATED AT BUNGOMA THIS 29TH DAY OF JULY 2024D K KEMEIJUDGE29. 7. 2024In the presence of :-Edwin Wafula Simiyu accusedMrs Wakoli for the accusedKibet for the ProsecutionKizito Court Assistant