' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VIHIGA
CRIMINAL CASE NO 12 OF 2023
REPUBLIC
VERSUS
RUTH ISANGALO NGAIWA……………………………………………1 ST ACCUSED
JOHN GUYA NGAIWA………………………………………………….2 ND ACCUSED
RULING
This matter was partly heard by Musyoka J. This court became seized of the same on 17 th October 2023. The parties asked it to proceed from where the same had reached.
On 16 th September 2025, the Prosecution closed its case after calling a total of five (5) Prosecution witnesses.
Both the Prosecution and the Accused persons 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. They relied on the evidence that had been adduced by Prosecution witnesses.
Having carefully considered the evidence by the Prosecution witnesses, the 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 25 th day of November 2025
J. KAMAU
JUDGE
'
IN THE HIGH COURT OF KENYA AT VIHIGA
CRIMINAL CASE NO 12 OF 2023
REPUBLIC
VERSUS
RUTH ISANGALO NGAIWA……………………………………………1 ST ACCUSED
JOHN GUYA NGAIWA………………………………………………….2 ND ACCUSED
RULING
This matter was partly heard by Musyoka J. This court became seized of the same on 17 th October 2023. The parties asked it to proceed from where the same had reached.
On 16 th September 2025, the Prosecution closed its case after calling a total of five (5) Prosecution witnesses.
Both the Prosecution and the Accused persons 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. They relied on the evidence that had been adduced by Prosecution witnesses.
Having carefully considered the evidence by the Prosecution witnesses, the 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 25 th day of November 2025
J. KAMAU
JUDGE
'