[2023] KEHC 3492 (KLR)
The court found that, upon perusal of the record and after hearing all prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused persons. Consequently, the accused were required to be put on their defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2023] KEHC 3492 (KLR)
- Parties
- Applicant: Republic; Defendant: Yusuf Haji Manya Lumbasi; Defendant: Dickson Manya Opembe; Defendant: Ramadhan Manya Nashisako; Defendant: Zablon Mbiri Otsieno; Defendant: Shaban Opwora Namukuru; Defendant: Charles Orata Opembe
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2018
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Yusuf Haji Manya Lumbasi
Defendant
Dickson Manya Opembe
Defendant
Ramadhan Manya Nashisako
Defendant
Zablon Mbiri Otsieno
Defendant
Shaban Opwora Namukuru
Defendant
Charles Orata Opembe
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that, upon perusal of the record and after hearing all prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused persons. Consequently, the accused were required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met, and the matter would proceed to the defence stage.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons are found to have a case to answer.
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Lumbasi & 5 others (Criminal Case 10 of 2018) [2023] KEHC 3492 (KLR) (28 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3492 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 10 of 2018
WM Musyoka, J
April 28, 2023
Between
Republic
Prosecution
and
Yusuf Haji Manya Lumbasi
1st Accused
Dickson Manya Opembe
2nd Accused
Ramadhan Manya Nashisako
3rd Accused
Zablon Mbiri Otsieno
4th Accused
Shaban Opwora Namukuru
5th Accused
Charles Orata Opembe
6th Accused
Ruling
1. I have perused the record, and I had also heard all the witnesses who testified in the matter. I am persuaded that the Republic has adduced sufficient evidence, to warrant the accused persons being put on their defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 28TH DAY OF APRIL 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMs. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Ms. Omar, Advocate for the accused person.