Case ID:181507
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Republic v Martin Musiega [2021] eKLR
Case Metadata
Case Number:
Criminal Case 7 of 2018
Parties:
Republic v Martin Musiega
Date Delivered:
17 Sep 2021
Case Class:
Criminal
Court:
High Court at Kakamega
Case Action:
Ruling
Judge(s):
William Musya Musyoka
Citation:
Republic v Martin Musiega [2021] eKLR
Court Division:
Criminal
County:
Kakamega
Case Outcome:
Accused person found guilty
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 7 OF 2018
REPUBLIC.....................
.............................................................
PROSECUTIONS
VERSUS
MARTIN MUSIEGA
..............................................................................ACCUSED
RULING
1. On 13
th
May 2021, 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 (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).
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 17
th
DAY OF SEPTEMBER 2021
W MUSYOKA
JUDGE