Republic v Nyongesa (Criminal Case E450 of 2023) [2026] KEMC 215 (KLR)

Republic v Nyongesa (Criminal Case E450 of 2023) [2026] KEMC 215 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KEMC 215 (KLR) REPUBLIC OF KENYA IN THE BUNGOMA LAW COURTS CRIMINAL CASE E450 OF 2023 RN MALOBA, SPM JULY 1, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BENARD NYONGESA ................................................................................. ACCUSED RULING 1. This matter is coming up for ruling upon closure of the Prosecution’s case under Section 210 of the Criminal Procedure Code during which and through the evidence on record, the Prosecution set out to prove that accused unlawfully damaged the Complainant’s dwelling house on 12/6/2022 in Chwele at Kilimani area. That evidence has been evaluated and analysed in the context of the test set out in Bhatt v R (1957) EA 332 and Murimi v RE [1967] EA 542 on what constitutes a prima facie case and the standard to be applied. 2. On the whole, the Court finds that the Prosecution has managed to prove a prima facie case against the accused regarding the alleged damage. Consequently, accused is placed on his defence under Section 211 of the Criminal Procedure Code forthwith. He is asked to make an election on how he shall proceed to defend himself but at the same time, he is reminded of the rule against self-incrimination ( his right to silence) under Article 50(l) of the Constitution of Kenya 2010. R. B. N. MALOBA SPM 1/7/2026 ACCUSED I will give a sworn statement. I will call two witnesses. I am ready to proceed with my own testimony today. MS. ACHIENG https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/215/eng@2026-07-01 1

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