Case ID:181534

Republic v Patrick Oita Nyapara [2021] eKLR

Case Metadata

Case Number:

Criminal Case 20 of 2019

Parties:

Republic v Patrick Oita Nyapara

Date Delivered:

17 Sep 2021

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Republic v Patrick Oita Nyapara [2021] eKLR

Court Division:

Criminal

County:

Kakamega

Case Outcome:

Accused put him on his defence.

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. 20 OF 2019

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

VERSUS

PATRICK OITA NYAPARA.....................................................................................ACCUSED

RULING

1. On 8

th

July 2021, the prosecution closed its case. The defence filed written submissions on a no case to answer. I have read through the said written submissions and noted the arguments made therein. I have also 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 to PW20, 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, accordingly, put him on his defence.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 17

th

DAY OF SEPTEMBER 2021

W MUSYOKA

JUDGE