Republic v Lawrence Gesore Sagero

Republic v Sagero (Criminal Case E004 of 2024) [2026] KEHC 6726 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 6726 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL CASE E004 OF 2024 TW CHERERE, J APRIL 16, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND LAWRENCE GESORE SAGERO ................................................................ ACCUSED RULING 1. The accused person, Lawrence Gesore Sagero, faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 18th April 2024 at about 9.00 a.m., at Borioba Village, Magwagwa Sub-County, Borangi Location, Nyamira North Sub-County within Nyamira County, he murdered Nancy Mongina. 2. The prosecution has concluded its case after calling six witnesses. What falls for determination at this stage is whether the evidence on record discloses a case sufficient to require the accused to be put on his defence. 3. The legal threshold is well settled. The court must consider whether a prima facie case has been made out. As stated in Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332, such a case exists where a reasonable tribunal, properly directing itself on the law and the evidence, could convict if the accused were to offer no explanation. 4. At this interlocutory stage, the court is not concerned with making final findings on the evidence or assessing the credibility of witnesses. The inquiry is limited to whether the prosecution evidence, taken at its highest, is capable of sustaining a conviction if left unanswered. 5. Having considered the entirety of the evidence presented by the prosecution, I am satisfied that the threshold of a prima facie case has been met. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6726/eng@2026-04-16 1

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