[2025] KEHC 8402 (KLR)
The court found that the prosecution, through the testimony of PW4, had adduced evidence placing the accused persons at the scene where the deceased was found dead. The witness described hearing the deceased being beaten, seeing the accused at the scene, and subsequently discovering the deceased's body. This...
Source-derived case information.
- Citation
- [2025] KEHC 8402 (KLR)
- Parties
- Applicant: Republic; Defendant: Brian Musasia Alias Chairman; Defendant: Kevin Luchesi Alias Marshal; Defendant: John Olilo Alias Johnte; Defendant: Francis Mwangi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E048 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused persons are found to have a case to answer and are placed on their defence.
- Judges
- AC Bett
- Legal Topics
- Prima Facie Case, Case to Answer, Murder Trial, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Brian Musasia Alias Chairman
Defendant
Kevin Luchesi Alias Marshal
Defendant
John Olilo Alias Johnte
Defendant
Francis Mwangi
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 placed on their defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of PW4, had adduced evidence placing the accused persons at the scene where the deceased was found dead. The witness described hearing the deceased being beaten, seeing the accused at the scene, and subsequently discovering the deceased's body. This evidence, if believed, would be sufficient to require the accused to offer an explanation. Accordingly, the court held that a prima facie case had been established against all four accused persons, warranting that they be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
The accused persons are found to have a case to answer and are placed on their defence.
Orders
- The four accused persons are placed on their defence.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Musasia & 3 others (Criminal Case E048 of 2022) [2025] KEHC 8402 (KLR) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8402 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E048 of 2022
AC Bett, J
June 16, 2025
Between
Republic
Prosecutor
and
Brian Musasia Alias Chairman
1st Accused
Kevin Luchesi Alias Marshal
2nd Accused
John Olilo Alias Johnte
3rd Accused
Francis Mwangi
4th Accused
Ruling
1. I have carefully considered the evidence so far adduced by the prosecution. In his evidence, PW4 places the four Accused persons at the scene where the deceased was found dead. It was his testimony that on the night of 22. 10. 2022, he heard the noise of someone being beaten. He rode his motorcycle to the direction of the noise and there, he saw the Accused persons. He called Evans, who came after a while and they followed the Accused persons in the direction they had taken and there, they found the body of the deceased.
2. I find that a prima facie case has been established against the Accused that calls upon them to defend themselves. I hold that the four Accused persons have a case to answer and they are therefore placed on their defence.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 16TH DAY OF JUNE 2025. A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionNo appearance for Mr. Munyendo for the AccusedCourt Assistant: Polycap