REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL CASE NO. 47 OF 2010 REPUBLIC.............................................APPELLANT VERSUS JAMES KIMUTAI TOWETT...........RESPONDENT RULING I have confirmed that there is a subsisting court’s order of 15 th July, 2015 by Justice Githua that this matter was to start De Novo. Given it, no witnesses has been called by the prosecution. There is therefore no evidence to weigh in consideration as to whether a prima facie case is established against him. Accordingly, it is obvious that a prima facie case is not established against him and he is acquitted of the offence under Section 210 of the CPC. S.M GITHINJI JUDGE DATED, SIGNED and DELIVERED at ELDORET this 25th day of July, 2018. In the presence of:The accused Ms. Kagali for the state Mr. Mwelem - Court Assistant
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