I have considered the evidence of the four prosecution witnesses herein. Neither the prosecution nor the defense have made submissions on whether a prima facie case has been established against the accused. Guided by the authority in BHATT -VS- R, (1957) EA 332, I am convinced that a prima facie case has been established against the accused. I accordingly find that the accused has a case to answer and I put him on his own defense.
Dated, Signed and Delivered this 16th Day of May, 2024
D. O OGEMBO
JUDGE
16/5/2024
Court
Read out in Court in presence of Accused, Mr. Ooro F. for accused and Ms. Kerubo for the State.
D. O OGEMBO
JUDGE
16/5/2024
Court
Date for defence to be given. Defence hearing on 1/7/2024.
D. O OGEMBO
JUDGE
16/5/2024