Director of Public Prosecutions v Evance Onchieng Odhiambo & 1 other

Director of Public Prosecutions v Odhiambo & another (Criminal Case E005 of 2024) [2026] KEHC 2763 (KLR) (12 February 2026) (Ruling) Neutral citation: [2026] KEHC 2763 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL CASE E005 OF 2024 TW CHERERE, J FEBRUARY 12, 2026 BETWEEN DIRECTOR OF PUBLIC PROSECUTIONS ............................................ REPUBLIC AND EVANCE ONCHIENG ODHIAMBO .................................................... 1ST ACCUSED BOAZ ODUOR ODHIAMBO ............................................................... 2ND ACCUSED RULING 1. The accused, Evance Onchieng Odhiambo and Boaz Oduor Odhiambo are jointly charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on 16th September 2022 at Miruka market Nyamira South Sub-County within Nyamira County jointly murdered Kevin Abuga 2. The prosecution closed its case after calling a total of five (5) witnesses in support of its case. 3. The question at this stage is whether the prosecution has established a prima facie case against the accused sufficient to warrant his being placed on his defence on both counts, under Section 306(2) of the Criminal Procedure Code. 4. The guiding principle on what constitutes a prima facie case is well settled. In Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332, the Court of Appeal held that a prima facie case is one on which a reasonable tribunal, properly directing its mind to the law and the evidence, could convict if no explanation is ofiered by the defence. This position was reiterated in Anthony Njue Njeru v Republic [2006] eKLR, where the Court of Appeal emphasized that a prima facie case is not one that must necessarily result in a conviction if uncontroverted, but one which, if not controverted, might reasonably sustain a conviction. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2763/eng@2026-02-12 1

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