Republic v Francis Mbugua Alias Muislamu

Republic v Mbugua alias Muislamu (Criminal Case E005 of 2025) [2026] KEHC 4942 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 4942 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL CASE E005 OF 2025 JM NANG'EA, J APRIL 16, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND FRANCIS MBUGUA ALIAS MUISLAMU ................................................ ACCUSED RULING 1. The accused is charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the information relating to the charge state that on the night of 11th February 2024 at Mwisho Wa Lami area, Njoro Sub-county, within Nakuru County, he murdered Francis Gikonyo Maina. The accused entered plea of “Not Guilty” to the ofience. 2. I have perused the evidence adduced by 9 witnesses the prosecution called and the defence written submissions “on no case to answer”. At this stage, the prosecution is required to make out a prima facie case warranting putting of the accused on his defence or else the accused be acquitted pursuant to the provisions of section 210 of the Criminal Procedure Code. 3. In the famous case of Ramanlal T. Bhatt v Republic, a prima facie case was defined as one in which the court could convict if no defence is ofiered by the accused. That is not to say, however, that the court will be prepared to convict in every case where the accused fails to give defence. The decision of the court depends on the facts and circumstances of each case while taking into account that the accused has the constitutional right to remain silent. 4. Without delving into further details at this stage, I find that the prosecution has made out a prima facie case and the accused is hereby put on his defence. It is established Judicial practice that no reasons ought to be given for such decision so that an impression is not created that the court has already made up its mind before hearing the defence case. 5. Ruling accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4942/eng@2026-04-16 1

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