Republic v Gesora (Criminal Case E014 of 2023) [2026] KEHC 13276 (KLR) (28 May 2026) (Ruling)
The prosecution tendered no evidence at all to support the murder charge and therefore failed to establish a prima facie case; the accused could not be placed on his defence and was entitled to acquittal under section 306(1) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 13276 (KLR)
- Parties
- Prosecutor: Republic; Accused: Douglas Gesora
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2023
- Procedural Posture
- Criminal Murder Case / Ruling on Case to Answer
- Outcome
- Accused acquitted at case-to-answer stage.
- Judges
- ["TW Cherere"]
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Acquittal After Prosecution Case, Section 306 CPC
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Douglas Gesora
Accused
Procedural Posture
Criminal Murder Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution adduced sufficient evidence to establish a prima facie case against the accused.
- 2 Whether the accused should be put on his defence or acquitted under section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The prosecution tendered no evidence at all to support the murder charge and therefore failed to establish a prima facie case; the accused could not be placed on his defence and was entitled to acquittal under section 306(1) of the Criminal Procedure Code.
Court Disposition
Accused acquitted at case-to-answer stage.
Orders
- Accused found to have no case to answer.
- Douglas Gesora acquitted under section 306(1) 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 E014 OF 2023** **BETWEEN** **REPUBLIC..................................................................................PROSECUTOR AND DOUGLAS GESORA.......................................................................ACCUSED** **RULING ON CASE TO ANSWER** 1. The accused person, Douglas Gesora, is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge are that on the night of 28th July 2023 at Mokwerero Village, Bonyaiguba Sub-Location, West Mugirango Location in Nyamira South Sub-County within Nyamira County, he murdered Keresensi Nyamoita. 2. Under section 306(1) of the Criminal Procedure Code, where no evidence is adduced linking an accused person to the offence charged, the court is required to record a finding of not guilty. In **Bhatt v Republic [1957] EA 332,** the court held that a prima facie case is one on which a reasonable tribunal, properly directing its mind to the law and the evidence, could convict if the accused elected to remain silent. 3. The prosecution tendered no evidence in support of the charge and therefore failed to establish a prima facie case against the accused person. 4. Accordingly, I find that the accused person has no case to answer and acquit him under section 306(1) of the Criminal Procedure Code. 5. The accused shall be set at liberty forthwith unless otherwise lawfully held. **DELIVERED AT NYAMIRA THIS 28th DAY OF May 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Anita** **Accused - Present** **For Accused - Ms. Shilwatso Advocate** **For the DPP - Mr. Chirchir (SADPP)**