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MagistrateOtherNot stated in the judgment· [2025] KEMC 281 (KLR)

Republic v Musannbe (Criminal Case E1984 of 2023) [2025] KEMC 281 (KLR)

Judicial Review Court of Kenya at Nyeri
18 November 2025
1,083 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Nakuru court acquitted a restaurant worker because the charge didn't match the law and the prosecution's own witnesses contradicted each other.

What this practically means

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Executive summary

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The accused, Jane Musambe, was charged with Handling Food in a Food Plant without a Valid Medical Certificate contrary to section 41(2) as read with section 67(1) of the Nakuru County Public Health and Sanitation Act of 2017, arising from an inspection at Queens Village bar and Restaurant along Kalewa Road, Nakuru, on 04.08.2023. The prosecution, conducted by counsel instructed by the Director of Public Prosecutions, called two witnesses: PW1, a county public health enforcement officer, and PW2, a police officer. The matter proceeded to the point of determining whether a prima facie case had been established under section 211 of the Criminal Procedure Code. The court, applying the test in Republic v Kennedy Otieno & 6 Others (1998) eKLR, found the charge to be at variance with its particulars: the statutory offence requires that the accused be handling or preparing food without a valid medical certificate, whereas the charge alleged operating a bar and restaurant and no evidence established food handling. The court further found the prosecution evidence contradictory, PW1 placing the accused in the kitchen washing utensils and preparing food, while PW2 placed her at the bar counter with no customers. Held to be doubtful, the case could not proceed past the close of the prosecution's case. Relying on section 210 of the Criminal Procedure Code, the court entered a finding of not guilty, dismissed the charge, acquitted the accused, and ordered the release of her cash bail to the depositor.

Key legal issues

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01

Whether the charge and particulars were supported by the evidence

Holding

The charge alleged operating a bar and restaurant, but the statutory offence requires the accused to have been handling or preparing food, which was not proved.

Reasoning

The court compared the charge as framed with section 41(2) of the Nakuru County Public Health and Sanitation Act, which targets persons handling or preparing food without a valid medical certificate. The particulars alleged operating a bar and restaurant, and no evidence established that the accused was handling or engaged in the preparation of food.

p. 2
02

Effect of contradictory prosecution evidence on the establishment of a prima facie case

Holding

Contradictory testimony from the two prosecution witnesses rendered the prosecution case doubtful, so no prima facie case was disclosed.

Reasoning

PW1 placed the accused in the kitchen washing utensils and preparing food, while PW2 placed her at the bar counter with no customers. Being together at the arrest, the court had no basis to prefer one account over the other. The contradiction was held sufficient to render the case doubtful, meaning the accused should not be called upon to answer.

p. 2

Legal principles established

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  • At the close of the prosecution case, the burden remains on the prosecution to prove guilt beyond reasonable doubt and the accused is under no obligation to prove innocence.

Court orders

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  1. 1.Finding of not guilty entered against the accused person
  2. 2.Charge dismissed under section 210 of the Criminal Procedure Code and the accused acquitted of the offence of Handling Food in a Food Plant without Valid Medical Certificate contrary to section 41(2) as read with section 67(1) of the Nakuru County Public Health and Sanitation Act of 2017
  3. 3.Cash bail released to the depositor

Authorities

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Legislation

  • Nakuru County Public Health and Sanitation Actsection 41(2)
  • Nakuru County Public Health and Sanitation Actsection 67(1)
  • Criminal Procedure Codesection 211
  • Criminal Procedure Codesection 210
  • Constitution of Kenya, 2010Article 157(6)

Cases cited (1)

  • Republic v Kennedy Otieno & 6 Others
    (1998) eKLR
Jurisdiction invoked
Criminal jurisdiction over offences under the Nakuru County Public Health and Sanitation Act of 2017, read with Article 157(6) of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Musannbe (Criminal Case E1984 of 2023) [2025] KEMC 281 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/281/eng@2025-11-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.