REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO. E073 OF 2022 REPUBLIC-----------------------------------------------------------PROSECUTION VERSUS DAVID LEMOIYA SANINGOI--------------------------------------- ACCUSED RULING 1. The accused person was charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya and the particulars of offence are that the accused person DAVID LEMOIYA SANINGOI between 12th and 13th August, 2022 at Nyando area in Njiru Sub-County within Nairobi County murdered VIVIAN BISIERI OMWENGA 2. The prosecution in this case called a total of 9 witnesses in support of the case against the accused person. 3. At the close of the prosecution’s case the accused person counsel applied to file written submissions on whether or not the accused person had a case to answer and the submissions dated 25th January 2026 by Isoe Joel Law Advocates were filed and this court has duly considered the same. The defense submitted that the prosecution had failed to establish a prima facie case warranting the accused to be placed on his defence pursuant to Section 210 of the Criminal Procedure Code. Counsel must have intended to say Section 306 of the Criminal Procedure code since Section 210 applies to proceedings in the lower court. NAIROBI HC CR CASE E 073 OF 2022– Republic –vs- David Lemoiya Saningoi 1
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4. Counsel for the accused submitted that there was no evidence to connect the accused with the alleged offence and went in an extensive analysis of the evidence. 5. The court in considering whether or not to place an accused person to his defense, the evidence tendered by the prosecution should be sufficient to establish a fact or raise a presumption of guilt unless disproved or rebutted. 6. In Republic v Abdi Ibrahim [2013] EKLR, a prima facie case was defined as follows: “Prima facie” is a Latin word defined by Black’s Law Dictionary, 8thEdition as “Sufficient to establish a fact or raise a presumption unless disproved or rebutted”. “Prima facie case” is defined by the same dictionary as “The establishment of a legally required rebuttable presumption”. 7. The court has heard evidence including forensic evidence that circumstantially leads the court to the conclusion that there is sufficient evidence to require the accused person on a prima facie basis to be placed on his defense. 8. In Ramanlal Trambaklal Bhatt v R [1957] E.A 332 at 334 and 335, the court stated as follows: “Remembering that the legal onus is always on the prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution, the case is merely one “which on full consideration might possibly be thought sufficient to sustain a conviction.” This is perilously near suggesting that the court would not be prepared to convict if no defence is made, but rather hopes the defence will fill the gaps in the prosecution case. Nor can we agree that the question whether there is a case to answer depends only on whether there is “some evidence, irrespective of its credibility or weight, sufficient to put the accused on his defence”. A mere scintilla of evidence NAIROBI HC CR CASE E 073 OF 2022– Republic –vs- David Lemoiya Saningoi 2
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can never be enough: nor can any amount of worthless discredited evidence…It is may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.” 9. After analyzing the evidence adduced by the prosecution this court has found that the deceased died in circumstances that were consistent with an assault thus the provisions of Section 206 of the Penal Code strictly interpreted and weighed against the available evidence would be sufficient for the court to infer malice aforethought as against the assailant of the deceased. 10. That the death of the deceased was as a direct result of the assault and there was evidence of sexual violence during the incident. 11. This court is satisfied that there is sufficient direct and circumstantial evidence linking the accused person to the offence and therefore this court has no hesitation in placing the accused person to his defense. 12. Accordingly, the accused is found have a case to answer in accordance with Section 306 of the Criminal Procedure and is hereby placed to his defense. 13. It is so ordered. DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 29th day of APRIL, 2026. A. M. MUTETI JUDGE In the presence of: NAIROBI HC CR CASE E 073 OF 2022– Republic –vs- David Lemoiya Saningoi 3
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Habiba: Court Assistant Ms Njoroge for State Isoe for the Accused Oigara/ Anyona for victim NAIROBI HC CR CASE E 073 OF 2022– Republic –vs- David Lemoiya Saningoi 4
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