REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL CASE 11 OF 2006 REPUBLIC...................................................................APPLICANT VERSUS FLORENCE NANALWA MASASI................1ST RESPONDENT PETER MASASI MUCHAWANA................2ND RESPONDENT MUSA MASASI..........................................3RD RESPONDENT RULING In the case of Ramanlal Trambaklal Bhatt -Vs- Republic [1957] E.A. 332, a prima facie case was defined as one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence. At this stage, the court is not required to decide finally whether the evidence is worthy of credit or whether, if believed, it is weighty enough to prove the case conclusively, that final determination can only properly be made when the case for the defence has been heard. I have considered the evidence which the prosecution has adduced in this case, and I find no prima facie case demonstrated against the 1st accused as defined in the Bhatt -Vs- Republic case (supra). I therefore acquit the 1st accused under Section 306 of the Criminal Procedure Code. I am however, satisfied that a prima facie case has been demonstrated against the 2nd and 3rd accused. The two therefore have a case to answer and are put on their defence. It is so ordered. DATED AND DELIVERED AT ELDORET THIS 19TH DAY OF JULY, 2012. F. AZANGALALA JUDGE Read in the presence of:-
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Mr. Chirchir for the State and Mr. Chepkwony for the accused persons. F. AZANGALALA JUDGE 19TH JULY, 2012
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