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Republic v Munyanya (Criminal Case 45 of 2016) [2025] KEHC 13427 (KLR) (30 September 2025) (Ruling)

Republic v Munyanya (Criminal Case 45 of 2016) [2025] KEHC 13427 (KLR) (30 September 2025) (Ruling)
Citation
Republic v Munyanya [2025] KEHC 13427 (KLR)
Media Neutral Citation
[2025] KEHC 13427 (KLR)
Court
High Court
Court station
High Court at Kakamega
Outcome
Case to answer
Case number
Criminal Case 45 of 2016
Attorneys
Mr. Shifwoka,
Judges
AC Bett
Judgment date
30 September 2025
Language
English
Type
Judgment
Original source file
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Collections
Date published
08 October 2025
Case action
Ruling
Court division
Criminal
Filing county
Kakamega
Order
I find that the Prosecution have established a prima facie case against the Accused persons and I hereby place them on their defence.
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1.I have carefully read the evidence adduced by the prosecution. The 2nd Accused was positively identified as having been last seen with the deceased on the evening she met her death. Next to her body were earrings which the 2nd Accused was said to be hawking.
2.Further evidence was that the 1st Accused who had started cohabiting with the deceased two months before her death arrived home on the fateful night at midnight with blood stained muddy clothes, where he ate, slept and requested PW3 who is the deceased son to accompany him to go look for the deceased and while enroute, was arrested by the police. The DNA samples taken from Accused 1 and the deceased matched.
3.I find that the Prosecution have established a prima facie case against the Accused persons and I hereby place them on their defence.
4.Orders accordingly.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 30TH DAY OF SEPTEMBER 2025.A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Shifwoka for the AccusedCourt Assistant: Polycap
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