Republic v Wanyama & 4 others [2024] KEHC 2587 (KLR)

Republic v Wanyama & 4 others (Criminal Case 49 of 2015) [2024] KEHC 2587 (KLR) (12 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2587 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 49 of 2015

PJO Otieno, J

March 12, 2024

Between

Republic

Prosecution

and

Thomas Wanyonyi Wanyama

1st Accused

Kundu Wanyama Navachenje

2nd Accused

Jotham Masengere Nabachenje

3rd Accused

Oscar Wanjala Barasa

4th Accused

Benard Were Chebakoo

5th Accused

Ruling

1. The evidence led by PW1, 2 & 3 place the Accused persons at the scene of the incident in a way that calls for their explanation.

2. The Court finds that a prima facie case has been demonstrated against the five Accused persons.

3. They have a case to answer.

4. Defence hearing on 18/6/2024.

DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 12TH DAY OF MARCH, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Momanyi for the Accused personsAccused persons presentCourt Assistant: Polycap Mukabwa