Republic v Lugalia & 2 others (Criminal Case 29 of 2021) [2025] KEHC 10314 (KLR) (17 July 2025) (Ruling) Neutral citation: [2025] KEHC 10314 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VIHIGA CRIMINAL CASE 29 OF 2021 JN KAMAU, J JULY 17, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND ALEX LUGALIA ..................................................................................... 1ST ACCUSED FRED MUHAKO LUGALIA ................................................................. 2ND ACCUSED STANLEY AKWIYANGA LUGALIA ................................................... 3RD ACCUSED RULING 1. This matter was partly heard by P.J Otieno J. This court became seized of it on 29th November 2023. The parties asked it to proceed from where the same had reached. 2. On 8th April 2025, the Prosecution closed its case after calling a total of five (5) Prosecution witnesses. 3. The 1st, 2nd and 3rd Accused persons and Prosecution did not file Written Submissions on the question of whether or not the 1st, 2nd and 3rd Accused persons had a case to answer. They relied on the evidence that had been adduced by the Prosecution witnesses. 4. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the 1st, 2nd and 3rd Accused persons herein to warrant them being put on their defence. They are hereby put on their defence. 5. It is so ordered. DATED AND DELIVERED AT VIHIGA THIS 17TH DAY OF JULY 2025 J. KAMAU JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10314/eng@2025-07-17 1
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