Republic v Wellington Shisiali [2020] KEHC 6924 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL CASE NO. 49 OF 2017

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

VERSUS

WELLINGTON SHISIALI....................................................ACCUSED

RULING

1. On 3rd February 2020, the prosecution closed its case. The defence indicated that it would not submit at that stage, and invited the court to rule on a no case to answer based on the material on record. To that end I have 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, 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 and Frankline Muthoka Mumo vs. Republic [2019] eKLR.

3. I have read through the testimonies of PW1, PW2, PW3, PW4, PW5, PW6 and PW7, 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, be put him on his defence.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 13TH DAY OF MARCH, 2020

W MUSYOKA

JUDGE