https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9232
The prosecution evidence, including eyewitness identification by PW2, medical evidence on the fatal injuries, and the arrest of the accused near the scene shortly after the attack, established a prima facie case. The court therefore held that the accused must answer the charge and placed both on their defence under...
Source-derived case information.
- Citation
- [2026] KEHC 9232 (KLR)
- Parties
- Prosecutor: Republic; 1st Accused: Asman Shaban Asman; 2nd Accused: Sebi Abdi Fatuma
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E043 of 2022
- Procedural Posture
- Criminal Case Murder Charge / Prima Facie Case Ruling After Prosecution Case
- Outcome
- Prima facie case established; both accused placed on their defence.
- Judges
- ["K Kimondo"]
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Circumstantial Evidence, Identification Evidence, Burden of Proof at Close of Prosecution Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Asman Shaban Asman
1st Accused
Sebi Abdi Fatuma
2nd Accused
Procedural Posture
Criminal Case Murder Charge / Prima Facie Case Ruling After Prosecution Case
Legal Issues
- 1 Whether the prosecution adduced sufficient evidence to establish a prima facie case against the accused persons
- 2 Whether the accused persons should be placed on their defence under section 306(2) of the Criminal Procedure Code
Ratio Decidendi
The prosecution evidence, including eyewitness identification by PW2, medical evidence on the fatal injuries, and the arrest of the accused near the scene shortly after the attack, established a prima facie case. The court therefore held that the accused must answer the charge and placed both on their defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Prima facie case established; both accused placed on their defence.
Orders
- Both accused persons are placed on their defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Asman & another (Criminal Case E043 of 2022) [2026] KEHC 9232 (KLR) (Crim) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9232 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case E043 of 2022 K Kimondo, J June 30, 2026 Between Republic Prosecutor and Asman Shaban Asman 1st Accused Sebi Abdi Fatuma 2nd Accused Ruling 1.The two accused persons are charged with murder contrary to section 203 as read with section 204 of the Penal Code. 2.The Director of Public Prosecutions informs the High Court that on the 26th June 2022 at Makina Akiba at Kibera within Kibera Sub-County, Nairobi County, jointly with others not before the court, they murdered Felix Mutuma (hereafter the deceased). 3.The prosecution presented seven witnesses. I am now called upon to determine whether there is sufficient evidence that calls for a rebuttal from the accused. 4.The republic lodged submissions dated 12th June 2026. Learned counsel for the accused opted not to lodge submissions at this stage. 5.According to the learned Principal Prosecution Counsel, Ms. M. M. Kigira, there is direct and strong circumstantial evidence linking the accused to the murder. She relied on John Mutuma Gatobu v Republic [2015] KECA 101 (KLR), Bhatt v Republic [1957] E.A. 332 and Nyaga Kiura v Republic [2018] eKLR. 6.The key evidence went as follows: Paul Gakau Njenga (PW2) was woken up by some noises outside his house. He found his door locked from outside but a neighbor unlocked it. When he first peeped outside, he claimed that he saw the 1st accused and two others entering the deceased’s house. PW2 picked up a fimbo and attacked the assailants. He said that two of those were the 1st and 2nd accused and that he “saw them clearly”. 7.When the deceased’s wife Scholar Ngimat (PW3) and Jaman Kioko (PW4) saw the deceased at the scene, he had stab wounds or injuries on the chest, neck and the head but still had a pulse. He was taken to Mbagathi Hospital where he succumbed to his injuries. 8.PW3 identified the body for postmortem purposes. The autopsy was carried out by Dr Simon Omuok (PW1) who formed the opinion that the cause of death was “excess haemorrhage from heart injury as a result of sharp penetrating trauma”. 9.According to Police Constable Tony Gitonga (PW5), at around 01.00 hours on the material night, he got a call from a member of community policing, Ali Kassim Kibe notifying him that the public had arrested two suspects. It was about 200 metres from the scene of the attack. PW5 and his colleague re-arrested the suspects and booked them at Kibera Police Station. 10.It bears repeating that the accused are still deemed innocent at this stage. Furthermore, the inquiry at this juncture is merely to establish if a prima facie case has been made out requiring a rebuttal from them. 11.Upon appraisal of that evidence; and, well guided by Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949), I find that the prosecution has established a prima facie case. 12.Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I hereby place both accused persons on their defence. It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JUNE 2026.KANYI KIMONDOJUDGERuling read virtually on Microsoft Teams in the presence of-Accused.Ms. Kigira & Ms. Okusimba for the republic instructed by the Office of the Director of Public Prosecutions.Mr. Ibrahim for both accused.Mr. E. Ombuna, Court Assistant.