Director of Public Prosecutions v Dominic Kiptoo David

Director of Public Prosecutions v David (Criminal Case E009 of 2022) [2025] KEHC 19293 (KLR) (22 October 2025) (Ruling) Neutral citation: [2025] KEHC 19293 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL CASE E009 OF 2022 TW CHERERE, J OCTOBER 22, 2025 BETWEEN DIRECTOR OF PUBLIC PROSECUTIONS ............................................ REPUBLIC AND DOMINIC KIPTOO DAVID ....................................................................... ACCUSED RULING 1. The accused person, Dominic Kiptoo David, is charged with the ofience of murder, contrary to section 203 as read with section 204 of the Penal Code. The charge relates to the death of Jared Gichana Ogeto, allegedly committed on 19th May 2022. 2. PW1 testified on the post-mortem examination conducted on the body of the deceased and stated that death was caused by severe head injuries with skull fractures and intracranial haemorrhage. 3. PW2 and PW3 testified on the events of the night in question and placed the accused at the scene. They stated that they found the accused assaulting the deceased, who was later taken to hospital where he died. 4. PW4 and PW5 testified on the police response, recovery of blood-stained weapons, arrest of the accused, and the investigations that led to the accused being charged. 5. A prima facie case is one on which a reasonable tribunal, properly directing itself to the law and the evidence, could convict if no explanation is ofiered by the defence, as stated in Ramanlal Trambaklal Bhatt v Republic [1957] EA 332 and reiterated in Anthony Njue Njeru v Republic [2006] eKLR. 6. At this stage, the court is not concerned with whether the prosecution has proved the charge beyond reasonable doubt, but only whether the evidence on record, if left unanswered, discloses a case requiring an answer. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19293/eng@2025-10-22 1

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