[2025] KEHC 687 (KLR)
The court found that only the 1st accused was implicated by the evidence, specifically by PW1 who testified to seeing him hit the deceased. No prosecution witness saw the 2nd accused hit the deceased or otherwise participate in the offence. Consequently, a prima facie case was established against the 1st accused,...
Source-derived case information.
- Citation
- [2025] KEHC 687 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Ayugu Kiverenge; Defendant: Wilson Mungeya
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- 1st accused to be put on his defence; 2nd accused acquitted and released unless held for another lawful cause.
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Acquittal, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Ayugu Kiverenge
Defendant
Wilson Mungeya
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against each accused to require them to be put on their defence.
- 2 Whether the evidence adduced implicated both accused persons in the death of the deceased.
Ratio Decidendi
The court found that only the 1st accused was implicated by the evidence, specifically by PW1 who testified to seeing him hit the deceased. No prosecution witness saw the 2nd accused hit the deceased or otherwise participate in the offence. Consequently, a prima facie case was established against the 1st accused, warranting that he be put on his defence. The 2nd accused was not implicated by any evidence and was therefore acquitted under Section 210 of the Criminal Procedure Code.
Court Disposition
1st accused to be put on his defence; 2nd accused acquitted and released unless held for another lawful cause.
Orders
- The 1st accused is put on his defence.
- The 2nd accused is acquitted under Section 210 of the Criminal Procedure Code and is to be released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Kiverenge & another (Criminal Case E003 of 2022) [2025] KEHC 687 (KLR) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 687 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case E003 of 2022
JN Kamau, J
January 28, 2025
Between
Republic
Prosecution
and
Stephen Ayugu Kiverenge
1st Accused
Wilson Mungeya
2nd Accused
Ruling
1. On 6th November 2024, the Prosecution closed its case after calling six (6) Prosecution witnesses.
2. The Accused persons and the Prosecution did not file any Written Submissions on the question of whether or not the Accused persons had a case to answer. They all relied on the evidence adduced by the Prosecution witnesses.
3. A perusal of the evidence of Kennedy Asenga Misiko (hereinafter referred to as “PW 1”), Wilson Mutongi Chahim (hereinafter referred to as “PW 2”), Hudson Mmera Abele (hereinafter erroneously referred to as “PW 4” instead of “PW 3”), Clinton Kisani Kagira (hereinafter erroneously referred to as “PW 5” instead of “PW 4”) and No 239662 Inspector John Mwabire Mwaduna (hereinafter erroneously referred to as “PW 8” instead of “PW 7”) showed that none of them saw the 2nd Accused person hit the deceased. Only PW 1 testified that he saw the 1st Accused person hit the deceased.
4. Accordingly, 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 Accused person herein to warrant him being put on his Defence. He is hereby put on his defence.
5. On the other hand, as no evidence pointed to the 2nd Accused person as having contributed to the deceased’s death, he is hereby acquitted under Section 210 of the Criminal Procedure Code Cap 75 (Laws of Kenya). It is hereby directed that he be released from custody forthwith unless he be held for any other lawful cause.
6. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF JANUARY 2025J. KAMAUJUDGE