Case ID:192524

Republic v William Ameka [2022] eKLR

Case Metadata

Case Number:

Criminal Case 41 of 2017

Parties:

Republic v William Ameka

Date Delivered:

25 Feb 2022

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Republic v William Ameka [2022] eKLR

Advocates:

Messrs. EK Owinyi & Company, Advocates, for the accused person.

Director of Public Prosecutions, for the Republic.

Court Division:

Criminal

County:

Kakamega

Advocates:

Messrs. EK Owinyi & Company, Advocates, for the accused person.

Director of Public Prosecutions, for the Republic.

History Advocates:

Both Parties Represented

Case Outcome:

Accused person put 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. 41 OF 2017

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

DIRECTOR OF PUBLIC PROSECUTIONS

VERSUS

WILLIAM AMEKA

.............................................................................................ACCUSED

RULING

1. On 7

th

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 10

th

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.