Republic v Brian Musasia Alias Chairman & 3 others

Republic v Musasia & 3 others (Criminal Case E048 of 2022) [2025] KEHC 8402 (KLR) (16 June 2025) (Ruling) Neutral citation: [2025] KEHC 8402 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL CASE E048 OF 2022 AC BETT, J JUNE 16, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BRIAN MUSASIA ALIAS CHAIRMAN .............................................. 1ST ACCUSED KEVIN LUCHESI ALIAS MARSHAL ................................................. 2ND ACCUSED JOHN OLILO ALIAS JOHNTE ............................................................ 3RD ACCUSED FRANCIS MWANGI .............................................................................. 4TH ACCUSED RULING 1. I have carefully considered the evidence so far adduced by the prosecution. In his evidence, PW4 places the four Accused persons at the scene where the deceased was found dead. It was his testimony that on the night of 22.10.2022, he heard the noise of someone being beaten. He rode his motorcycle to the direction of the noise and there, he saw the Accused persons. He called Evans, who came after a while and they followed the Accused persons in the direction they had taken and there, they found the body of the deceased. 2. I find that a prima facie case has been established against the Accused that calls upon them to defend themselves. I hold that the four Accused persons have a case to answer and they are therefore placed on their defence. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 16TH DAY OF JUNE 2025. A. C. BETT JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8402/eng@2025-06-16 1

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