REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA CHERERE-J HCCRC E004 OF 2025 BETWEEN REPUBLIC........................................................................ ..........PROSECUTOR AND IGNITIOUS OMARIBA NYAKUNDI..........................................ACCUSED RULING 1. The accused, Ignitious Omariba Nyakundi, is charged with the offence of murder contrary to sections 203 as read with 204 of the Penal Code. It is alleged that on 05th February 2025 at Nyamakoroto Sub-location, Nyamakoroto Location, Masaba North Sub-County within Nyamira County, he murdered Dennis Bosire. He pleaded not guilty to the charge. 2. The prosecution has closed its case after calling six witnesses. The issue for determination is whether the evidence on record discloses a prima facie case sufficient to require the accused to be placed on his defence under section 306(2) of the Criminal Procedure Code.
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3. The test for determining whether a prima facie case has been established was stated in Ramanlal Trambaklal Bhatt v Republic [1957] EA 332, where the Court held: "A prima facie case 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." 4. At this stage, the Court is not concerned with whether the prosecution has proved the charge beyond reasonable doubt. The Court is only required to determine whether the evidence adduced, if left unanswered, is capable of sustaining a conviction. 5. Having considered the evidence on record, I find that the accused has a case to answer and hereby place him on his defence under section 306(2) of the Criminal Procedure Code. 6. The accused is informed of his rights under section 306(2) of the Criminal Procedure Code, including his right to give sworn evidence, make an unsworn statement, remain silent, and to call witnesses in his defence. DELIVERED AT NYAMIRA THIS July 2026 WAMAE.T. W. CHERERE JUDGE 30th DAY OF
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Appearances Court Assistant - Anita Accused - Present For Accused persons - Mr.Mokaya Advocate For the DPP - Mr. Chirchir (SADPP)
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