https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11439
The prosecution adduced evidence that the deceased was the accused's wife, was found dead in the shared house, and the postmortem and surrounding circumstances showed unlawful death caused by injuries inflicted with pieces of wood found in the room. That evidence was sufficient to establish a prima facie case, so...
Source-derived case information.
- Citation
- [2026] KEHC 11439 (KLR)
- Parties
- Prosecutor: Republic; Accused: Abdukhadir Yunus Hassan
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2024
- Procedural Posture
- Criminal Murder Trial / Ruling on Prima Facie Case After Prosecution Closed Its Case
- Outcome
- Prima facie case found; accused placed on his defence.
- Judges
- ["TM Matheka"]
- Legal Topics
- Murder, Prima Facie Case, Section 306 Criminal Procedure Code, No Case to Answer, Direction to Defend
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Abdukhadir Yunus Hassan
Accused
Procedural Posture
Criminal Murder Trial / Ruling on Prima Facie Case After Prosecution Closed Its Case
Legal Issues
- 1 Whether the prosecution had established a prima facie case sufficient to require the accused to be put on his defence.
- 2 Whether the evidence disclosed a death caused by criminal agency and linked the accused to the offence.
Ratio Decidendi
The prosecution adduced evidence that the deceased was the accused's wife, was found dead in the shared house, and the postmortem and surrounding circumstances showed unlawful death caused by injuries inflicted with pieces of wood found in the room. That evidence was sufficient to establish a prima facie case, so the accused was properly put on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Prima facie case found; accused placed on his defence.
Orders
- Accused to be put on his defence pursuant to 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 ELDAMA RAVINE (SUB-REGISTRY)** **HCCR CASE NO.E007 OF 2024** **REPUBLIC ..…………………………………….…… PROSECUTOR** ***-VERSUS-*** **ABDUKHADIR YUNUS HASSAN……………….…....…….. ACCUSED** **RULING** 1. The accused person Abdukhadir Yunus Hassan is charged with Murder Contrary Section 203 as read with Section 204 of the Penal Code. 2. It is alleged that between 31/7/2024 and 1/8/2024 at Nubian Village, Eldama Ravine Location, Koibatek Sub-county Baringo County, he murdered Philis Cheruto Koech. On 16/9/2024 he pleaded not guilty before Hon. Ngetich –J as she then was. The matter proceeded for hearing. 3. I heard some of the witnesses after complying with Section 200 as read with Section 201 of the Criminal Procedure Code. 4. The prosecution closed its case. 5. At this stage the issue is with the prosecution has established a prima facie case to warrant the accused being put on defence. 6. Section 306 of Criminal Procedure Code provides the court with 2 options – whether the prosecution has established the ingredients of the offence to warrant the accused to be put on the defence or whether the prosecution has failed completely to warrant the accused person to be acquitted. 7. In this case, there is evidence the deceased was the wife of the accused, she was found dead in their house – and the accused was the only other person living with her. The circumstances and the postmortem report point to a death not out of natural causes, and that someone inflicted injuries on the deceased with pieces of wood found in the room. 8. In the circumstances, I find that there is a prima facie case against the accused and he will be put to his defence pursuant to Section 306(2) of the Criminal Procedure Code. **RULING dated, signed and delivered virtually at Eldama Ravine (Sub-Registry) on 24th July 2026.** **MUMBUA T. MATHEKA** **JUDGE** **In the presence**:- Court Assistant – Karanja Accused –Present Prosecuting Counsel Counsel for the accused