Republic v Amusavi (Criminal Case 1186 of 2023) [2025] KEMC 269 (KLR) (11 November 2025) (Ruling)

Republic v Amusavi (Criminal Case 1186 of 2023) [2025] KEMC 269 (KLR) (11 November 2025) (Ruling) Neutral citation: [2025] KEMC 269 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case 1186 of 2023 PA Ndege, SPM November 11, 2025 Between Republic Prosecution and Vogan Amadini Amusavi Accused Ruling 1.Having gone through the entire evidence for the prosecution, I have come to the conclusion that a prima face case has been disclosed with respect to the offence n the first charge, and which requires me to call upon the accused person herein to make his defence as required under section 211 of the Criminal Procedure Code. 2.I however do not find such a case disclosed with respect to the offence in the second count. So as not to prejudice, affect or otherwise influence the accused person’s defence in the first charge, I shall not give reason for the finding at this stage. I shall reserve the same and include them in my final judgment after the close of the defence. 3.I do therefore dismiss the charge with respect to the second count and consequently hereby acquit the accused person pursuant to the provisions of section 210 of the Criminal Procedure Code of the offence of Resisting Arrest by a Police Officer c/s 254 (b) of the Penal Code, sic, as charged in the second count. **DATED, SIGNED AND DELIVERED IN OPEN COURT THIS11 thDAY OFNovember, 2025****ALOYCE-PETER-NDEGE.****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter: WakeshoProsecution counsel: MachariaAccused: PresentCT: Section 211 of the CPC explained to accused person in Kiswahili. The 3 options available to the defence and the charges herei have been explained to accused in Kiswahili.Accused in Kiswahili: I shall remain silent and await the decision of the Court.CT: Judgment on