REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUBREGISTRY) HCCR CASE NO.E007 OF 2024 REPUBLIC ..…………………………………….…… PROSECUTOR -VERSUSABDUKHADIR YUNUS HASSAN……………….…....…….. ACCUSED RULING 1. The accused person Abdukhadir Yunus Hassan is charged with Murder Contrary Section 203 as read with Section 204 of the Penal Code. 2. It is alleged that between 31/7/2024 and 1/8/2024 at Nubian Village, Eldama Ravine Location, Koibatek Sub-county Baringo County, he murdered Philis Cheruto Koech. On 16/9/2024 he pleaded not guilty before Hon. Ngetich –J as she then was. The matter proceeded for hearing. 3. I heard some of the witnesses after complying with Section 200 as read with Section 201 of the Criminal Procedure Code. 4. The prosecution closed its case. 5. At this stage the issue is with the prosecution has established a prima facie case to warrant the accused being put on defence. RULING HCCRC E007 of 2024 Page 1 of 2
page 1 of 2
6. Section 306 of Criminal Procedure Code provides the court with 2 options – whether the prosecution has established the ingredients of the offence to warrant the accused to be put on the defence or whether the prosecution has failed completely to warrant the accused person to be acquitted. 7. In this case, there is evidence the deceased was the wife of the accused, she was found dead in their house – and the accused was the only other person living with her. The circumstances and the postmortem report point to a death not out of natural causes, and that someone inflicted injuries on the deceased with pieces of wood found in the room. 8. In the circumstances, I find that there is a prima facie case against the accused and he will be put to his defence pursuant to Section 306(2) of the Criminal Procedure Code. RULING dated, signed and delivered virtually at Eldama Ravine (Sub-Registry) on 24th July 2026. MUMBUA T. MATHEKA JUDGE In the presence:Court Assistant – Karanja Accused –Present Prosecuting Counsel Counsel for the accused RULING HCCRC E007 of 2024 Page 2 of 2
page 2 of 2