Republic v Sylvia Ojiambo Wanyama [2018] KEHC 5458 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BUSIA

CRIMINAL CASE NO. 24 OF 2016

REPUBLIC................................................PROSECUTOR

VERSUS

SYLVIA OJIAMBO WANYAMA....................ACCUSED

RULING

1. At the close of the prosecution case I was urged to make a finding that the prosecution did not establish a prima facie case against the accused person to warrant her being placed on her defence. The prosecution on the other hand contended that it had discharged its burden.

2. From the evidence on record, I find that the prosecution has established a prima facie case against the accused person. She is accordingly placed on her defence under section 306 (2) of the Criminal Procedure Code.

DELIVEREDandSIGNEDatBUSIA this 17thdayof July, 2018

KIARIE WAWERU KIARIE

JUDGE