Republic v Wafula (Criminal Case E124 of 2024) [2026] KEMC 334 (KLR) (22 July 2026) (Ruling) Neutral citation: [2026] KEMC 334 (KLR) REPUBLIC OF KENYA IN THE BUNGOMA LAW COURTS CRIMINAL CASE E124 OF 2024 RN MALOBA, SPM JULY 22, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JOHN WAFULA ............................................................................................ ACCUSED RULING 1. The case herein is one of assault causing actual bodily harm contrary to Section 251 of the Penal Code. 2. It was alleged by the prosecution in the particulars of the charge that accused one John Wafula committed the said ofience against one Dennis Wamakota on 28/11/2023 at Kibichori village within Bungoma Central Sub County. He denied the same. 3. During trial of their case, the prosecution called a total of five witnesses who included the Complainant himself and the doctor who produced his medical documents regarding the alleged injuries. 4. It was explained that accused slapped the Complainant with the fiat side of his panga ,after he found him grazing cattle by the roadside near his shamba. 5. Upon getting medical attention, he was examined clinically and found to have sufiered a swelling on his back per the treatment notes and accompanying P3 form produced on record. 6. The court has considered the evidence adduced as summarized above. At this juncture, the court is expected to determine if the said evidence is suficient to establish a prima facie case against the accused person. He is to be placed on his defence if a prima facie case is made out against him in line with provisions of Section 211 Criminal Procedure Code or be acquitted, if the contrary is true as provided for under Section 210 Criminal Procedure Code. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/334/eng@2026-07-22 1
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7. In the case of Ramenlal Trambaklala Bhatt – V- R 1957 EA 322, the Court defined – prima facie case as follows; “ It may not be easy to define what is meant by a prima facie case,” but it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is ofiered by the defence.” 8. That definition fits into the scheme of provisions of Article 50(2) (c) of the Constitution of Kenya 2010. The same provides that accused person has a right to remain silent, and not testify during the proceedings, if he so wishes. 9. Therefore, in determining if from the evidence adduced by the prosecution, a prima facie has been out against the accused, it is always important for the court to consider the possibility of him electing to remain silent and not adduce any evidence in his defence at all- the case of Tresi Ikachai Alias Vincent Tresi Ikadhai (Criminal Case No. 8 of 2017) [2019] KEHC 8068 (KLR) (6 May 2019) (Ruling). 10. Upon carefully considering the evidence on record, I do find that, a prima facie has been made out against the accused person on the allegations herein. Consequently, he is placed on his defence under Section 211 CPC forthwith. RULING DATED AND DELIVERED IN OPEN COURT THIS 22ND DAY OF JULY 2026. HON. R. B. N. MALOBA SPM In the presence of: Prosecutor: Ms. Achieng Court Assistant: Mr. Aggrey Accused in person https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/334/eng@2026-07-22 2
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