Case ID:181572

Republic v Anthony Khamadi & another [2021] eKLR

Case Metadata

Case Number:

Criminal Case 68 of 2015

Parties:

Republic v Anthony Khamadi & Wycliffe Alosa

Date Delivered:

17 Sep 2021

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Republic v Anthony Khamadi & another [2021] eKLR

Court Division:

Criminal

County:

Kakamega

Case Outcome:

Accused persons put on their 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. 68 OF 2015

REPUBLIC.......................

DIRECTOR OF PUBLIC PROSECUTIONS

VERSUS

ANTHONY KHAMADI

......................................................1

ST

ACCUSED

WYCLIFFE ALOSA

...........................................................2

ND

ACCUSED

RULING

1. On 15

th

March 2021, the prosecution closed its case. The defence indicated that it would file written submissions within 2 weeks. In the end it did not, and it invited the court, on 2

nd

June 2021, 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 and PW5, and I am persuaded that the prosecution has adduced evidence which establishes a

prima facie

case against the accused persons, and I hereby find that the accused have a case to answer, and I shall, accordingly, put them on their defence.

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

TH

DAY OF SEPTEMBER, 2021

W MUSYOKA

JUDGE