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Original judgment

Republic v Mbaka

REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT KEHANCHA CRIMINAL CASE NO. E256 OF 2026 REPUBLIC VERSUS CLEMENT MBAKA………………………………………………….ACCUSED RULING 1. The accused has been charged with the offence of carrying out electricity undertaking without license contrary to section 118 of the Energy Act No. 1 of 2019. The particulars are that the accused the 19 th day of May, 2026 at Ntunyungi area, in Kuria West Sub County within Migori County, while in possession of Kenya Power Meter No. 92109760139 carried out electricity undertaking installing meter without the consent of Kenya Power and Lighting Company. The Prosecution Case 2. The prosecution called Four (4) witnesses namely: 1) SOPHIA MARWA SUGUTA (PW1) 2) WELDON KOIMA PW2) 3) EMMANUEL SUGUTA (PW3) 4) NO. 108067 PC JOHN IRUNGU (PW4) 3. I have carefully considered the Prosecution evidence on record and find that a prima facie case has been established and proceed to place the Accused Persons on their defence. KEHANCHA SPMC CR NO. E256 OF 2026 (RULING) 1

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Dated, Signed and Delivered in open Court at Kehancha on this 10 th day of September, 2026. J.P. NANDI SENIOR PRINCIPAL MAGISTRATE In the presence of: Mr. Kuntai………… Prosecution Counsel Mr. Mang’era………… Court Assistant Accused …………….. Present Interpretation ……… English/Kiswahili Accused Language … Kiswahili KEHANCHA SPMC CR NO. E256 OF 2026 (RULING) 2

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