Director of Public Prosecution v Motari (Criminal Case E012 of 2025) [2026] KEHC 13268 (KLR) (28 July 2026) (Ruling)
The prosecution called five witnesses and, applying the prima facie case threshold in Ramanlal Trambaklal Bhatt v Republic, the court held that sufficient evidence had been presented to require the accused to answer the charge. The accused was therefore placed on his defence under section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2026] KEHC 13268 (KLR)
- Parties
- Republc: Director of Public Prosecution; Accused: Joseph Momanyi Motari
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2025
- Procedural Posture
- Criminal Case (murder Charge) / Ruling on Case to Answer After Prosecution Closed Its Case
- Outcome
- Accused placed on his defence; prosecution case found to disclose a prima facie case.
- Judges
- ["TW Cherere"]
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Section 306(2) Criminal Procedure Code, No Case to Answer Ruling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Director of Public Prosecution
Republc
Joseph Momanyi Motari
Accused
Procedural Posture
Criminal Case (murder Charge) / Ruling on Case to Answer After Prosecution Closed Its Case
Legal Issues
- 1 Whether the prosecution evidence disclosed a prima facie case against the accused.
- 2 Whether the accused should be placed on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The prosecution called five witnesses and, applying the prima facie case threshold in Ramanlal Trambaklal Bhatt v Republic, the court held that sufficient evidence had been presented to require the accused to answer the charge. The accused was therefore placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence; prosecution case found to disclose a prima facie case.
Orders
- The accused, Joseph Momanyi Motari, has a case to answer.
- The accused shall be placed on his defence pursuant to section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
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 offence 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 2026WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - OrwasaAccused - Present in personFor Accused - Mr. MarubeFor the DPP - Mr. Chirchir (SADPP)