Director of Public Prosecution v Joseph Momanyi Motari

Director of Public Prosecution v Motari (Criminal Case E012 of 2025) [2026] KEHC 13268 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 13268 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL CASE E012 OF 2025 TW CHERERE, J JULY 28, 2026 BETWEEN DIRECTOR OF PUBLIC PROSECUTION .............................................. REPUBLIC AND JOSEPH MOMANYI MOTARI ................................................................... ACCUSED RULING Rulling On Case To Answer 1. The accused, Joseph Momanyi Motari, is charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 20th July 2025 at Kibirichi Sublocation, Gachuba Location, Masaba North Sub-County within Nyamira County, he murdered Jarred Onyisi. 2. The prosecution has closed its case after calling five witnesses. Having considered the evidence and the applicable legal principles, including Ramanlal Trambaklal Bhatt v Republic [1957] E.A. 332, I am satisfied that the prosecution has established a prima facie case. 3. Accordingly, I find that the accused has a case to answer and is placed on his defence pursuant to section 306(2) of the Criminal Procedure Code. DELIVERED AT NYAMIRA THIS 28TH DAY OF JULY 2026 WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Orwasa Accused - Present in person For Accused - Mr. Marube https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13268/eng@2026-07-28 1

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