REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VIHIGA
CRIMINAL CASE NO E017 OF 2023
REPUBLIC
VERSUS
ALEX LUVISHA ALIAS GUKAA………………………………………..1 ST ACCUSED
DANCAN LULAMBA….…………………………………………………2 ND ACCUSED
RULING
The Prosecution’s case in this matter was heard on diverse dates between 30 th January 2025 and 28 th February 2025 when the same was closed after calling a total of nine (9) Prosecution witnesses.
The Prosecution did not file Written Submissions on the question of whether or not the 1 st and 2 nd Accused persons had a case to answer. It relied on the evidence that had been adduced by its witnesses.
Although the 1 st and 2 nd Accused persons indicated that they would be filing Written Submissions on the question of whether or not they had a case to answer, by the time the court retired to write the Ruling herein, the same were not in the e-portal.
Having carefully considered the evidence by the Prosecution witnesses, this court was of the opinion that a prima facie case had been established against the 1 st and 2 nd Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.
It is so ordered.
DATED and DELIVERED at VIHIGA this 17 th day of July 2025
J. KAMAU
JUDGE
IN THE HIGH COURT OF KENYA AT VIHIGA
CRIMINAL CASE NO E017 OF 2023
REPUBLIC
VERSUS
ALEX LUVISHA ALIAS GUKAA………………………………………..1 ST ACCUSED
DANCAN LULAMBA….…………………………………………………2 ND ACCUSED
RULING
The Prosecution’s case in this matter was heard on diverse dates between 30 th January 2025 and 28 th February 2025 when the same was closed after calling a total of nine (9) Prosecution witnesses.
The Prosecution did not file Written Submissions on the question of whether or not the 1 st and 2 nd Accused persons had a case to answer. It relied on the evidence that had been adduced by its witnesses.
Although the 1 st and 2 nd Accused persons indicated that they would be filing Written Submissions on the question of whether or not they had a case to answer, by the time the court retired to write the Ruling herein, the same were not in the e-portal.
Having carefully considered the evidence by the Prosecution witnesses, this court was of the opinion that a prima facie case had been established against the 1 st and 2 nd Accused persons herein to warrant them being put on their defence. They are hereby put on their defence.
It is so ordered.
DATED and DELIVERED at VIHIGA this 17 th day of July 2025
J. KAMAU
JUDGE