[2025] KEHC 1241 (KLR)
The court found that, after considering the evidence of the eight prosecution witnesses and the written submissions of the accused persons, the prosecution had established a prima facie case against both accused persons. The evidence presented was sufficient to require the accused to be put on their defence in...
Source-derived case information.
- Citation
- [2025] KEHC 1241 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Afuya Shem alias Fred; Defendant: Mathias Alembi
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- JN Kamau
- 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
Fredrick Afuya Shem alias Fred
Defendant
Mathias Alembi
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 put on their defence.
Ratio Decidendi
The court found that, after considering the evidence of the eight prosecution witnesses and the written submissions of the accused persons, the prosecution had established a prima facie case against both accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ordered that the accused persons be put on their defence to answer the charges against them.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Shem & another (Criminal Case 8 of 2023) [2025] KEHC 1241 (KLR) (25 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1241 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 8 of 2023
JN Kamau, J
February 25, 2025
Between
Republic
Prosecutor
and
Fredrick Afuya Shem alias Fred
1st Accused
Mathias Alembi
2nd Accused
Ruling
1. This matter was partly heard by Musyoka J. This court became seized of the same on 17th October 2023. The parties asked it to proceed from where the same had reached.
2. On 18th December 2024, the Prosecution closed its case after calling a total of eight (8) Prosecution witnesses.
3. The Accused persons’ Written Submissions on whether or not they had a case to answer were dated and filed on 23rd January 2025. On the other hand, the Prosecution did not file any Written Submissions but relied on the evidence that had been adduced by the Prosecution witnesses.
4. Having carefully considered the evidence by the Prosecution witnesses and the Accused persons’ Written Submissions, the court was of the opinion that a prima facie case had been established against the 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 25TH DAY OF FEBRUARY 2025J. KAMAUJUDGE