[2025] KEHC 7012 (KLR)
The court found that the prosecution, through the testimony of seven witnesses, including expert evidence from a pathologist and a government analyst, established that the deceased died from unnatural causes—specifically, a stab wound to the chest resulting in massive blood loss. The post mortem and analysis reports...
Source-derived case information.
- Citation
- [2025] KEHC 7012 (KLR)
- Parties
- Applicant: Republic; Defendant: Micah Nyaberi Bogomba
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E043 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- HI Ong'udi
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case, Burden of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Micah Nyaberi Bogomba
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being placed on his defence.
- 2 Whether the evidence adduced supports the charge of murder under section 203 as read with section 204 of the Penal Code.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses, including expert evidence from a pathologist and a government analyst, established that the deceased died from unnatural causes—specifically, a stab wound to the chest resulting in massive blood loss. The post mortem and analysis reports corroborated the prosecution's case. The court was satisfied that the evidence presented, if uncontroverted, would be sufficient to establish the accused's guilt. Therefore, the prosecution had established a prima facie case against the accused, warranting that he be placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Bogomba (Criminal Case E043 of 2021) [2025] KEHC 7012 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7012 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E043 of 2021
HI Ong'udi, J
May 28, 2025
Between
Republic
Prosecutor
and
Micah Nyaberi Bogomba
Accused
Ruling
1. Micha Nyaberi Bogomba hereinafter referred to as the accused is charged with the offence of Murder contrary to section 203 as read with section 204 of the penal code. The facts being that the accused on 27th August, 2021 at Workers area in Nakuru North sub-county within Nakuru county murdered, Boniface Njangi Maina.
2. The accused denied the charge and the case proceeded to full hearing with the prosecution calling a total of seven (7) witnesses. The said witnesses testified on what they knew about the case.
3. Dr. Titus Ngulungu testified as PW6. He gave the cause of death as mass blood loss due to the chest injury. The chest had a stab wound which when opened was found to have two (2) litres of blood in it. There was a puncture wound on the left side of the chest which penetrated into the lung. There were other several injuries. Its therefore not disputed that the cause of death was not a natural one. He produced the post mortem as EXB 3
4. A government analyst (PW7) produced his analysis report (EXB 6a) which clearly set out his findings.
5. Both counsel filed submissions which I have considered alongside EXB 3, & 6a plus the evidence of all the other witnesses. My finding is that the prosecution has established a prima facie case against the accused who I hereby place on his defence under section 306(2) of the Criminal Procedure Code.
6. Orders accordingly
DELIVERED VIRTUALLY DATED AND SIGNED THIS 28THDAY OF MAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE