Republic v Ombuoro & another (Criminal Case 12 of 2017) [2026] KEHC 9596 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9596 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL CASE 12 OF 2017 EN MAINA, J JUNE 25, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND CHARLES NDOLO OMBUORO .......................................................... 1ST ACCUSED JOHN OTIENO NGERE ....................................................................... 2ND ACCUSED RULING 1. The accused persons are charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the night of 21st and 22nd February 2017 at Wema Villas Constructions site in Athi River Township of Mavoko Sub-County within Machakos County, they murdered Collins Omondi Onyango. 2. The accused persons pleaded not guilty to the charge whereupon the prosecution called six witnesses in order to prove its case. Thereafter counsel for the prosecution and the defence made their arguments by way of written submissions. Section 306(1) of the Criminal Procedure Code requires this court to consider the evidence, the submissions and the law and make a determination on whether a prima facie case has been established against the accused persons to warrant them to be put on their defence. I have duly complied. 3. I can state for a fact that the fact of death of the victim (deceased) and the cause of the death and that it was by an unlawful act were proved beyond reasonable doubt. PW1 and PW2 who knew the deceased and who were present at the scene on the fateful night testified that he was assaulted and that he sustained injuries which led to his death. The three police officers involved in investigating the case, PW4, PW5 and PW6 all testified that they saw the body and the Pathologist PW6 also confirmed that there were injuries on the body which could not have been self-infiicted. He concluded that the cause of death was multiple injuries and hemorrhage due to blunt force trauma. The only issues for https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9596/eng@2026-06-25 1
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determination at the end of the trial shall then be whether the accused persons were the perpetrators of the unlawful act and if so whether they acted of malice aforethought. 4. Having considered the evidence carefully, I am satisfied that a prima facie case has been established against the accused persons sufficiently to warrant them to be placed on their defence. This is in view of the eye witnesses’ accounts that they were seen assaulting the deceased. They do therefore have a case to answer and shall therefore be required to enter their defence as required under section 306(2) of the Criminal Procedure Code. It is so ordered. RULING DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS ON THIS 25TH DAY OF JUNE, 2026. E. N. MAINA JUDGE In the presence of: Mr. Muteti for Mr. Langalanga Advocates for Accused. Mr. Masila for the State. Both accused. Court Assistant – Catherine. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9596/eng@2026-06-25 2
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