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Republic v Musasia & 3 others (Criminal Case E048 of 2022) [2025] KEHC 8402 (KLR) (16 June 2025) (Ruling)

Republic v Musasia & 3 others (Criminal Case E048 of 2022) [2025] KEHC 8402 (KLR) (16 June 2025) (Ruling)
Citation
Republic v Musasia & 3 others [2025] KEHC 8402 (KLR)
Media Neutral Citation
[2025] KEHC 8402 (KLR)
Court
High Court
Court station
High Court at Kakamega
Outcome
Case to answer
Case number
Criminal Case E048 of 2022
Attorneys
Mr. Munyendo,
Judges
AC Bett
Judgment date
16 June 2025
Language
English
Type
Judgment
Original source file
Download DOCX (126.6 KB)
Collections
Date published
19 June 2025
Case action
Ruling
Court division
Criminal
Filing county
Kakamega
Order
The court found that a prima facie case had been established against the Accused that called upon them to defend themselves. It held that the four Accused persons had a case to answer and they were therefore placed on their defence.
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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
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