https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/297
The court found that the prosecution evidence disclosed a prima facie case capable of requiring a defence, and therefore held that the accused had a case to answer and must proceed to the defence stage after being informed of his statutory and constitutional rights.
Source-derived case information.
- Citation
- [2026] KEMC 297 (KLR)
- Parties
- Prosecution: Republic; Accused: Peter Gathiba Mathenge
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Sexual Offence E041 of 2023
- Procedural Posture
- Sexual Offence Criminal Trial / Ruling on No Case to Answer / Prima Facie Case
- Outcome
- Accused placed on his defence.
- Judges
- ["MM Gituma"]
- Legal Topics
- Prima Facie Case, Case to Answer, Section 211 Criminal Procedure Code, Article 50(2)(i) Fair Trial Rights, Defense Election
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Peter Gathiba Mathenge
Accused
Procedural Posture
Sexual Offence Criminal Trial / Ruling on No Case to Answer / Prima Facie Case
Legal Issues
- 1 Whether the prosecution evidence established a prima facie case sufficient to place the accused on his defence.
- 2 Whether the accused should be informed of his rights under section 211 of the Criminal Procedure Code and Article 50(2)(i) of the Constitution before being called upon to elect his defence.
Ratio Decidendi
The court found that the prosecution evidence disclosed a prima facie case capable of requiring a defence, and therefore held that the accused had a case to answer and must proceed to the defence stage after being informed of his statutory and constitutional rights.
Court Disposition
Accused placed on his defence.
Orders
- The accused was found to have a case to answer.
- Section 211 of the Criminal Procedure Code and Article 50(2)(i) of the Constitution were explained to the accused in Kiswahili.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Mathenge (Sexual Offence E041 of 2023) [2026] KEMC 297 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEMC 297 (KLR) Republic of Kenya In the Nyeri Law Courts Sexual Offence E041 of 2023 MM Gituma, SRM July 14, 2026 Between Republic Prosecution and Peter Gathiba Mathenge Accused Ruling 1.I have considered the evidence tendered by the Prosecution and the submissions by Counsel for the accused dated 30th June 2026. It is my finding that a prima facie case has been established capable of placing the accused on his defense. I hold that the accused has a case to answer. 2.Court: The provisions of Section 211 of the Criminal Procedure Code and Article 50 (2) (i) of the Constitution are explained to the accused in a language that he understands; Kiswahili, and upon being asked the mode of defense that he will adopt, he responds: DATED, SIGNED, AND DELIVERED IN NYERI ON THIS 14TH DAY OF JULY 2026.M.M GITUMASENIOR RESIDENT MAGISTRATEIn the presence of:……………………………………………Prosecution Counsel…………………………………………..…Accused…………………………………………..…Counsel for the Accused…………………………………………..….Court Assistant