Republic v Joseph Momanyi Nyakaba Alias Boi

Republic v Nyakaba alias Boi (Criminal Case E011 of 2023) [2026] KEHC 6667 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 6667 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL CASE E011 OF 2023 TW CHERERE, J APRIL 30, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND JOSEPH MOMANYI NYAKABA ALIAS BOI ........................................... ACCUSED RULING 1. The accused is charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code, it being alleged that on 19th May 2023 at Bosagara Village, Bukuratiri Sub-location, Nyamira North Sub-County within Nyamira County, he murdered Peter Gecheo Nyaosi. 2. The prosecution has called seven (7) witnesses and closed its case. This Court is therefore required to determine whether a prima facie case has been established to warrant placing the accused on his defence. 3. The applicable test is as set out in Ramanlal T. Bhatt v. R [1957] EA 332 namely whether there is evidence upon which a reasonable tribunal, properly directing itself on the law and the evidence, could convict if the accused elected to remain silent. 4. I have considered the evidence on record. There is evidence of the death of the deceased and the cause thereof. There is also evidence placing the accused at the scene and linking him to an assault upon the deceased. The medical evidence supports the occurrence of injuries consistent with a blunt force assault. 5. Without making any definitive findings at this stage, I am satisfied that the prosecution has established a prima facie case within the meaning of the above authority. 6. Accordingly, pursuant to section 306(2) of the Criminal Procedure Code, the accused is hereby placed on his defence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6667/eng@2026-04-30 1

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