REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KABARNET CRIMINAL CASE NO.E005 OF 2025 REPUBLIC .............................................................. PROSECUTION VERSUS SALIM KEVIN OMAR...............................................................ACCUSED RULING 1. Salim Kevin Omar is charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on dates between 9 th February, 2025 and 16th February, 2025 at Marigat Inn Location within Marigat Sub-County in Baringo County he murdered Hamis Yunus. He denied the offence on 13th March, 2025. RULING HCCR.E005 OF 2025 Page 1|3
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2. The matter was part heard before the Hon Ngetich J as she then was. Prosecution called 5 witnesses. 3. At the close of the case for the Prosecution s. 306 of the Criminal Procedure Code kicks in. The court has to determine on the evidence on record whether to make a finding of not guilty at that stage or to put him on the defence 4. The Judiciary Criminal Procedure Bench Book guides at para 157 that If the court concludes that a prima facie case has been made it should not give reasons for that finding because it may appear as if it has made up its mind without hearing the defence. These were the holdings among others in Anthony Njue Njeru Vs R Court of Appeal NBI Criminal Appeal no 77 of 2006 5. I have carefully considered the evidence on record and the evidence I took. I find that a prima facie case has been made against the accused to warrant his being put on the defence RULING HCCR.E005 OF 2025 Page 2|3
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6. Accused will be put on the defence pursuant to Section 306(2) of the Criminal Procedure Code. Ruling read, delivered and dated virtually at Eldama Ravine (Sub-Registry) this 24th day of July, 2026 MUMBUA T MATHEKA JUDGE In the presence of: - Mr. Koech for the State. - For the Accused: Ms. Barasa - Momanyi /Gladys Court Assistant Defence Hearing on 7th October 2026 Mention before DR on 24th August 2026 RULING HCCR.E005 OF 2025 Page 3|3
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