Republic v William Ameka [2022] KEHC 1945 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

CRIMINAL CASE NO. 41 OF 2017

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

VERSUS

WILLIAM AMEKA.............................................................................................ACCUSED

RULING

1.  On 7th December 2021, the prosecution closed its case. The defence indicated that it would file written submissions on a no case to answer based on the material on record. The written submissions were filed on 10th February 2021. I have read through them and noted the arguments made.

2.  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.

3.  I have gotten guidance from Ramanlal Trambaklal Bhatt vs. R (1957) EA 332 (Sir Newham Worley P, Sir Ronald Sinclair VP and Bacon JA), 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 (Ngenye-Macharia J), and Frankline Muthoka Mumo vs. Republic [2019] eKLR (Odunga J).

4.  I have read through the testimonies of PW1, PW2, PW3, PW4, PW5, PW6, PW7 and PW8, 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 25TH DAY OF FEBRUARY 2022

W MUSYOKA

JUDGE

MR. ERICK ZALO, COURT ASSISTANT.

MR. OTSYENO, INSTRUCTED BY MESSRS. EK OWINYI & COMPANY, ADVOCATES, FOR THE ACCUSED PERSON.

MR. MWANGI, INSTRUCTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, FOR THE REPUBLIC.