https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12675
After considering the Prosecution evidence and the 2nd accused’s written submissions, the court found that a prima facie case had been established against the 2nd accused person and therefore ordered her to be put on her defence.
Source-derived case information.
- Citation
- [2026] KEHC 12675 (KLR)
- Parties
- Respondent: REPUBLIC; 1st Accused: KELVIN MACHARIA MUMBI; 2nd Accused: IRENE WANJUGU KIBUE
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2023
- Procedural Posture
- Criminal Case / Ruling on Whether the 2nd Accused Has a Case to Answer After the Prosecution Closed Its Case
- Outcome
- 2nd accused put on her defence.
- Judges
- ["JN Kamau"]
- Legal Topics
- Plea Bargaining, Case to Answer, Prima Facie Case, Prosecution Closure of Case, Accused Placed on Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Respondent
KELVIN MACHARIA MUMBI
1st Accused
IRENE WANJUGU KIBUE
2nd Accused
Procedural Posture
Criminal Case / Ruling on Whether the 2nd Accused Has a Case to Answer After the Prosecution Closed Its Case
Legal Issues
- 1 Whether a prima facie case had been established against the 2nd accused person to warrant being put on her defence.
Ratio Decidendi
After considering the Prosecution evidence and the 2nd accused’s written submissions, the court found that a prima facie case had been established against the 2nd accused person and therefore ordered her to be put on her defence.
Court Disposition
2nd accused put on her defence.
Orders
- The 2nd accused person is hereby put on her defence.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NANYUKI** **CRIMINAL CASE NO E011 OF 2023** **REPUBLIC** **VERSUS** **KELVIN MACHARIA MUMBI………………………………………..1ST ACCUSED** **IRENE WANJUGU KIBUE………………………………………………2ND ACCUSED** **RULING** 1. This matter was partly heard by Ndung’u J. This court became seized of the same on 14th April 2026 when the parties agreed to proceed with the same from where it had reached. 2. The 1st Accused person entered into a Plea-Bargaining Agreement pursuant to Sections 137 (A)-(O) of the Criminal Procedure Code Cap 75 (Laws of Kenya). Consequently, he ceased being a party to these proceedings. This Ruling, therefore, only concerned the 2nd Accused person herein. 3. The Prosecution closed its case on 11th February 2025. It did not file any Written Submissions on the question of whether or not the 2nd Accused person had a case to answer. It relied on the evidence that had been adduced by the Prosecution witnesses. The 2nd Accused person’s Written Submissions on the said issue were dated 13th March 2026 and filed on 16th March 2026. 4. Having carefully considered the evidence by the Prosecution witnesses and the 2nd Accused person’s Written Submissions, the court was of the opinion that a *prima facie* case had been established against the 2nd Accused person herein to warrant her being put on her defence. She is hereby put on her defence. 5. It is so ordered. **DATED** and **DELIVERED** at **NANYUKI** this **29th** day of **July** 2026 **J. KAMAU** **JUDGE**