Republic v Musannbe (Criminal Case E1984 of 2023) [2025] KEMC 281 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the charge and particulars were supported by the evidence
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.
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.
Effect of contradictory prosecution evidence on the establishment of a prima facie case
Contradictory testimony from the two prosecution witnesses rendered the prosecution case doubtful, so no prima facie case was disclosed.
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.
Legal principles established
#- 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
#- 1.Finding of not guilty entered against the accused person
- 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.Cash bail released to the depositor
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.