Republic v Lugalia & 2 others [2025] KEHC 10314 (KLR)
- Citation
- [2025] KEHC 10314 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- JN Kamau
- Case number
- Criminal Case 29 of 2021
- Language
- English
More details
- Court
- High Court
- Panel
- JN Kamau
- Case number
- Criminal Case 29 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, upon careful consideration of the evidence adduced by the prosecution's five witnesses, a prima facie case had been established against the 1st, 2nd, and 3rd accused persons. This finding warranted that the accused persons be put on their defence in accordance with the requirements of the Criminal Procedure Code. The court was satisfied that the prosecution's evidence, if uncontroverted, could potentially lead to a conviction, thus meeting the threshold for a case to answer.
Court disposition
Accused persons put on their defence.
Orders
- The 1st, 2nd, and 3rd accused persons are hereby put on their defence.
02
Material facts
Parties
Republic
ApplicantAlex Lugalia
DefendantFred Muhako Lugalia
DefendantStanley Akwiyanga Lugalia
Defendant03
Procedural history
Posture
Criminal Case / Ruling on Case to Answer
04
Questions and positions
Legal issues
Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
Party arguments
- Applicant
- The prosecution relied on the evidence adduced by its five witnesses and did not file written submissions, maintaining that the evidence presented was sufficient to establish a prima facie case against the accused persons.
- Respondent
- The accused persons did not file written submissions and relied on the evidence as presented by the prosecution witnesses.
05
Court’s reasoning
Legal principles
- 01
Section 306(2) of the Criminal Procedure Code (Cap 75 Laws of Kenya)
An accused person should be put on their defence if the prosecution establishes a prima facie case against them at the close of its case.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, upon careful consideration of the evidence adduced by the prosecution's five witnesses, a prima facie case had been established against the 1st, 2nd, and 3rd accused persons. This finding warranted that the accused persons be put on their defence in accordance with the requirements of the Criminal Procedure Code. The court was satisfied that the prosecution's evidence, if uncontroverted, could potentially lead to a conviction, thus meeting the threshold for a case to answer.
Court disposition
Accused persons put on their defence.
- The 1st, 2nd, and 3rd accused persons are hereby put on their defence.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
Republic v Lugalia & 2 others (Criminal Case 29 of 2021) [2025] KEHC 10314 (KLR) (17 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10314 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 29 of 2021
JN Kamau, J
July 17, 2025
Between
Republic
Prosecutor
and
Alex Lugalia
1st Accused
Fred Muhako Lugalia
2nd Accused
Stanley Akwiyanga Lugalia
3rd Accused
Ruling
1. This matter was partly heard by P.J Otieno J. This court became seized of it on 29th November 2023. The parties asked it to proceed from where the same had reached.
2. On 8th April 2025, the Prosecution closed its case after calling a total of five (5) Prosecution witnesses.
3. The 1st, 2nd and 3rd Accused persons and Prosecution did not file Written Submissions on the question of whether or not the 1st, 2nd and 3rd Accused persons had a case to answer. They relied on the evidence that had been adduced by the Prosecution witnesses.
4. 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 and 3rd Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 17TH DAY OF JULY 2025J. KAMAUJUDGE
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