Republic v Barasa & another (Criminal Case E006 of 2024) [2026] KEHC 13275 (KLR) (14 May 2026) (Ruling)
The prosecution adduced sufficient evidence to establish a prima facie case only against the 1st accused, but not against the 2nd accused. The 2nd accused was linked only by suspicion and association, which is legally inadequate, so he was acquitted under section 306(1) of the Criminal Procedure Code. The 1st...
Source-derived case information.
- Citation
- [2026] KEHC 13275 (KLR)
- Parties
- Prosecutor: Republic; 1st Accused: Ismail Barasa; 2nd Accused: Brayan Oroding
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2024
- Procedural Posture
- Criminal Murder Case / Section 306 Ruling on Whether Prosecution Has Established a Prima Facie Case After Close of Prosecution Case
- Outcome
- Partial acquittal and partial defence order.
- Judges
- ["TW Cherere"]
- Legal Topics
- Murder, Prima Facie Case, Submission of No Case to Answer, Acquittal of Co Accused, Defence Hearing Under Section 306
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Ismail Barasa
1st Accused
Brayan Oroding
2nd Accused
Procedural Posture
Criminal Murder Case / Section 306 Ruling on Whether Prosecution Has Established a Prima Facie Case After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution had established a prima facie case against the accused persons.
- 2 Whether the 2nd accused should be placed on his defence or acquitted at the close of the prosecution case.
- 3 Whether the 1st accused should be placed on his defence.
Ratio Decidendi
The prosecution adduced sufficient evidence to establish a prima facie case only against the 1st accused, but not against the 2nd accused. The 2nd accused was linked only by suspicion and association, which is legally inadequate, so he was acquitted under section 306(1) of the Criminal Procedure Code. The 1st accused was sufficiently implicated and was therefore placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Partial acquittal and partial defence order.
Orders
- Brayan Oroding (2nd accused) is found not guilty and acquitted under section 306(1) of the Criminal Procedure Code unless otherwise lawfully held.
- Ismail Barasa (1st accused) is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCRC E006 OF 2024** **BETWEEN** **REPUBLIC..................................................................................PROSECUTOR** **VERSUS** **ISMAIL BARASA.........................................................................1ST ACCUSED BRAYAN ORODING...................................................................2ND ACCUSED** **RULING** 1. The accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, the particulars being that on 08th June 2024 at Nyakwerema Sub-Location in Nyamira North Sub-County within Nyamira County, they murdered Zachary Momanyi. 2. The prosecution called seven witnesses and thereafter closed its case. The issue for determination at this stage is whether the prosecution has established a prima facie case against the accused persons to warrant placing them on their defence under section 306(2) of the Criminal Procedure Code. 3. The applicable test at this stage was stated in **Ramanlal T. Bhatt v Republic [1957] EA 332** where the court held that a prima facie case is established where the evidence tendered by the prosecution, if left uncontroverted, would be sufficient to sustain a conviction by a properly directed tribunal. The court further cautioned that a mere scintilla of evidence or evidence raising only suspicion cannot suffice to place an accused person on his defence. 4. From the record, there is medical evidence confirming both the fact and cause of death. 5. Without making definitive findings on the credibility or probative value of the evidence at this stage, I am satisfied that no prima facie case has been established against the 2nd accused person. The deceased’s widow and the investigating officer conceded during cross-examination that there was no direct evidence connecting him to the offence apart from suspicion arising from his association with the 1st accused. 6. In the circumstances, the 2nd accused, Brayan Oroding, is hereby found not guilty and acquitted under section 306(1) of the Criminal Procedure Code unless otherwise lawfully held. 7. On the other hand, I find that a prima facie case has been established against the 1st accused, Ismail Barasa. 8. The 1st accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Code. He is informed of his right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent. **DELIVERED AT NYAMIRA THIS 14th DAY OF May 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Anita** **Accused 1 - Present** **Accused 2 - Present** **For Accused person - Mr. Marita Advocate** **For the DPP - Mr. Chirchir (SADPP)**