Republic v Evans Mukhwana Nyongesa

Republic v Nyongesa (Criminal Case E020 of 2022) [2024] KEHC 2867 (KLR) (19 March 2024) (Ruling) Neutral citation: [2024] KEHC 2867 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL CASE E020 OF 2022 DK KEMEI, J MARCH 19, 2024 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND EVANS MUKHWANA NYONGESA .......................................................... ACCUSED RULING 1. I have carefully considered the evidence presented at this stage of the proceedings and find that a prima facie case has been made out by the prosecution to require the accused to make a defence. The evidence so far if considered in the absence of any other evidence to the contrary is sufficient to sustain a conviction against the accused herein where they elect to remain silent in defence. The evidence tendered has placed the accused at the scene of crime and he must now offer an explanation as to how the deceased met her death. The accused therefore has a case to answer and is now called upon to elect to conduct his defence in accordance with Section 306 (2) of the Criminal Procedure Code. RULING DATED, AND DELIVERED AT BUNGOMA OPEN COURT ON THIS 19TH DAY OF MARCH, 2024. D K KEMEI, JUDGE 19.3.2024 In the presence of:Evans Mukhwana Nyongesa for Accused Onkangi For Accused Miss Kibet for Prosecution https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/2867/eng@2024-03-19 1

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