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Original judgment

Republic v Mbaata (Sexual Offence E013 of 2023) [2026] KEMC 290 (KLR)

Republic v Mbaata (Sexual Ofience E013 of 2023) [2026] KEMC 290 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEMC 290 (KLR) REPUBLIC OF KENYA IN THE NYERI LAW COURTS SEXUAL OFFENCE E013 OF 2023 MM GITUMA, SRM JULY 13, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND SAMUEL GATEGWA MBAATA .................................................................. ACCUSED RULING 1. I have considered the evidence tendered by the Prosecution and the submissions by Counsel for the accused dated 26th May 2026. It is my finding that a prima facie case has been established capable of placing the accused on his defense. I hold that the accused has a case to answer. DATED, SIGNED, AND DELIVERED IN NYERI ON THIS 13TH DAY OF JULY 2026. M.M GITUMA SENIOR RESIDENT MAGISTRATE In the presence of: ……………………………………………Prosecution Counsel …………………………………………..…Accused …………………………………………..…Counsel for the Accused …………………………………………..….Court Assistant Court: The provisions of Section 211 of the Criminal Procedure Code and Article 50 (2) (i) of the Constitution are explained to the accused in a language that he understands; Kiswahili, and upon being asked the mode of defense that he will adopt, he responds: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/290/eng@2026-07-13 1

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