[2025] KEHC 3450 (KLR)
The court found that the prosecution had adduced sufficient evidence, particularly through the testimony of PW2, to place all three accused persons at the scene of the crime. The evidence presented, if left unchallenged, would be sufficient to sustain a conviction for murder. Accordingly, the court held that a prima...
Source-derived case information.
- Citation
- [2025] KEHC 3450 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Otieno Maware alias Moi; Defendant: Joshua Adera Atwa alias Adani; Defendant: Naftali Okeyo Mawere
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case (MURDER) E027 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Each accused person found to have a case to answer and called upon to make their defence.
- Judges
- DK Kemei
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
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
Benard Otieno Maware alias Moi
Defendant
Joshua Adera Atwa alias Adani
Defendant
Naftali Okeyo Mawere
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 persons to warrant them being put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to sustain a conviction if the accused elect to remain silent.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, particularly through the testimony of PW2, to place all three accused persons at the scene of the crime. The evidence presented, if left unchallenged, would be sufficient to sustain a conviction for murder. Accordingly, the court held that a prima facie case had been established against each accused person, requiring them to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Each accused person found to have a case to answer and called upon to make their defence.
Orders
- Each accused person is found to have a case to answer.
- Each accused is called upon to elect to conduct their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Maware alias Moi & 2 others (Criminal Case (MURDER) E027 of 2023) [2025] KEHC 3450 (KLR) (21 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3450 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case (MURDER) E027 of 2023
DK Kemei, J
March 21, 2025
Between
Republic
Prosecution
and
Benard Otieno Maware alias Moi
1st Accused
Joshua Adera Atwa alias Adani
2nd Accused
Naftali Okeyo Mawere
3rd Accused
Ruling
1. The three accused herein Benard Otieno Mawere alias Moi, Joshua Adera Atwa alias Adani and Naftali Okeyo Mawere have been charged with an offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on the 1st day of August 2023 at around 1930 hours at Yenga village Central Sakwa Location in Bondo Sub County within Siaya County jointly murdered one Daniel Ochieng Onyala.
2. The prosecution called five witnesses in support of its case.
3. At this stage of the proceedings, the prosecution is under a duty to establish a prima facie case against the accused persons herein so as to warrant them to be called upon to make a defence. A prima facie case has been described as one in which a reasonable tribunal directing its mind to the law and evidence placed before it can convict an accused if no evidence is offered by the defence to the contrary. In a nutshell, what this means is that the evidence so far tendered at this stage by the prosecution should be sufficient to sustain a conviction against the three accused persons herein were they to elect to remain silent in defence. See Bhatt v R [1957] EA 334.
4. The prosecution’s case is that on the material date, the deceased was assaulted near his home by the three accused persons herein. The evidence of PW2 clearly placed all the three accused at the scene of crime. Having been placed at the scene of crime, i find that they must now offer an explanation as to how the deceased met his death.
5. In view of the foregoing observations, it is my finding that the prosecution has established a prima facie case against the three accused persons to require them to be called upon to make a defence. Consequently, I find that each of the accused persons herein has a case to answer and are now called upon to elect to conduct their defence in line with the provisions of Section 306 (2) of the Criminal Procedure Code.
DATED AND DELIVERED AT SIAYA THIS 21ST DAY OF MARCH, 2025. D. KEMEIJUDGEIn the presence of:-Benard Otieno …… 1st AccusedJoshua Adera ………… 2nd AccusedNaftali Okeyo Mawere …… 3rd AccusedOdhiambo/Owenga …… for all AccusedSoita ………… for ProsecutionMboya ………… Court Assistant