[2025] KEHC 10414 (KLR)
The court found that, upon careful consideration of the evidence adduced by the prosecution's seven witnesses, a prima facie case had been established against all four accused persons. This finding warranted that the accused be put on their defence in accordance with the law. The court thus ordered that the accused...
Source-derived case information.
- Citation
- [2025] KEHC 10414 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kibunja; Defendant: Lucy Lozenja; Defendant: Charles Ndori; Defendant: Patrick Osuku
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Kibunja
Defendant
Lucy Lozenja
Defendant
Charles Ndori
Defendant
Patrick Osuku
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
Ratio Decidendi
The court found that, upon careful consideration of the evidence adduced by the prosecution's seven witnesses, a prima facie case had been established against all four accused persons. This finding warranted that the accused be put on their defence in accordance with the law. The court thus ordered that the accused persons proceed to present their defence, as the prosecution's evidence was sufficient to require an answer to the charges.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The 1st, 2nd, 3rd, and 4th accused persons are put on their defence.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Kibunja & 3 others (Criminal Case E002 of 2022) [2025] KEHC 10414 (KLR) (16 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10414 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case E002 of 2022
JN Kamau, J
July 16, 2025
Between
Republic
Prosecutor
and
Geoffrey Kibunja
1st Accused
Lucy Lozenja
2nd Accused
Charles Ndori
3rd Accused
Patrick Osuku
4th Accused
Ruling
1. This matter was partly heard by Musyoka and P.J Otieno JJ. This court became seized of the same on 29th March 2023. The parties asked it to proceed from where the same had reached.
2. On 10th July 2025, the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses. The parties informed the court that they would not be filing Written Submissions on the question of whether or not the 1st, 2nd, 3rd and 4th Accused persons had a case to answer. They relied on the evidence that had been adduced by Prosecution witnesses.
3. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the 1st, 2nd, 3rd and 4th Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.
4. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 16TH DAY OF JULY 2025J. KAMAUJUDGE