Republic v Momanyi (Criminal Case E002 of 2023) [2026] KEHC 13273 (KLR) (28 May 2026) (Ruling)
The court held that the prosecution evidence, including witness testimony and the post mortem evidence confirming the death and cause of death of the deceased, established a prima facie case against the accused. The accused was therefore found to have a case to answer and was placed on his defence.
Source-derived case information.
- Citation
- [2026] KEHC 13273 (KLR)
- Parties
- Prosecutor: Republic; Accused: Edwin Nyangwono Momanyi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2023
- Procedural Posture
- Criminal Murder Case; Ruling on Case to Answer / Prosecution Case Closed; Court Ruling on Whether Accused Has a Case to Answer
- Outcome
- Accused found to have a case to answer; placed on defence.
- Judges
- ["TW Cherere"]
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Section 306(2) Criminal Procedure Code, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Edwin Nyangwono Momanyi
Accused
Procedural Posture
Criminal Murder Case; Ruling on Case to Answer / Prosecution Case Closed; Court Ruling on Whether Accused Has a Case to Answer
Legal Issues
- 1 Whether the prosecution evidence established a prima facie case requiring the accused to be placed on his defence.
- 2 Whether the accused should be put on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that the prosecution evidence, including witness testimony and the post mortem evidence confirming the death and cause of death of the deceased, established a prima facie case against the accused. The accused was therefore found to have a case to answer and was placed on his defence.
Court Disposition
Accused found to have a case to answer; placed on defence.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
- The accused is informed of his right to give sworn evidence and be cross-examined, to give unsworn evidence, or to remain silent, and to call witnesses in his defence.
Full Case Text
Judgment text and source record
1 paragraphs
** REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCRC E002 OF 2023** **BETWEEN** **REPUBLIC...................................................................................PROSECUTOR AND EDWIN NYANGWONO MOMANYI...............................................ACCUSED** **RULING ON CASE TO ANSWER** 1. **EDWIN NYANGWONO MOMANYI**, the accused person herein is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 02nd January 2023 at Nyakesengi One Village, Bokurati One Sub-location, Obwari Location, Nyamira North Sub-County within Nyamira County, jointly with others not before court, he murdered Bruno Okerio Nyamweya. 2. The prosecution called eight (8) witnesses in support of its case. Among them was PW6, Dr. Morebu Momanyi, who conducted a post mortem examination on the body of the deceased and confirmed the death of Bruno and its cause. 3. In **Anthony Njue Njeru v Republic [2006] eKLR**, the Court of Appeal stated that: **“A prima facie case is not one that must necessarily result in a conviction if uncontroverted; it is one which, if not controverted, might reasonably sustain a conviction.”** 1. Having carefully considered the evidence on record, I am satisfied that the prosecution has established a prima facie case against the accused person requiring him to be placed on his defence. 2. Accordingly, I find that the accused has a case to answer and I hereby place him on his defence under section 306(2) of the Criminal Procedure Code. 3. The accused is informed of his right to give sworn evidence and be cross-examined, to give unsworn evidence, or to remain silent. He is also at liberty to call witnesses in his defence. **DELIVERED AT NYAMIRA THIS 28th DAY OF May 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Anita** **Accused - Present** **For Accused - Mr. Gichaba Advocate** **For the DPP - Mr. Chirchir (SADPP)**