https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6127
The court found that the evidence tendered by the prosecution established a prima facie case against all five accused persons and therefore all of them had a case to answer under Section 306 of the Criminal Procedure Code, necessitating that they be placed on their defence.
Source-derived case information.
- Citation
- [2026] KEHC 6127 (KLR)
- Parties
- Prosecution: Republic; 1st Accused: Henry Kibuti Njue; 2nd Accused: Kelvin Wachira Nyaga; 3rd Accused: Kenedy Mutugi Nyaga; 4th Accused: Paul Macharia Kariuki; 5th Accused: Brian Murithi Mathagu
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2019
- Procedural Posture
- Criminal Case / Close of Prosecution Case; Ruling on Case to Answer Under Section 306 CPC
- Outcome
- Prima facie case established; all accused placed on their defence.
- Judges
- ["RM Mwongo"]
- Legal Topics
- Prima Facie Case, Case to Answer, Defence Hearing After Prosecution Case, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Henry Kibuti Njue
1st Accused
Kelvin Wachira Nyaga
2nd Accused
Kenedy Mutugi Nyaga
3rd Accused
Paul Macharia Kariuki
4th Accused
Brian Murithi Mathagu
5th Accused
Procedural Posture
Criminal Case / Close of Prosecution Case; Ruling on Case to Answer Under Section 306 CPC
Legal Issues
- 1 Whether the prosecution evidence established a prima facie case sufficient to place the accused persons on their defence.
- 2 Whether each accused person had a case to answer under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the evidence tendered by the prosecution established a prima facie case against all five accused persons and therefore all of them had a case to answer under Section 306 of the Criminal Procedure Code, necessitating that they be placed on their defence.
Court Disposition
Prima facie case established; all accused placed on their defence.
Orders
- Each accused person is informed of the right to remain silent or to address the court personally or through counsel.
- Each accused person may give evidence on oath or make an unsworn statement, with or without witnesses.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Njue & 4 others (Criminal Case 13 of 2019) [2026] KEHC 6127 (KLR) (6 May 2026) (Ruling) Neutral citation: [2026] KEHC 6127 (KLR) Republic of Kenya In the High Court at Embu Criminal Case 13 of 2019 RM Mwongo, J May 6, 2026 Between Republic Prosecution and Henry Kibuti Njue 1st Accused Kelvin Wachira Nyaga 2nd Accused Kenedy Mutugi Nyaga 3rd Accused Paul Macharia Kariuki 4th Accused Brian Murithi Mathagu 5th Accused Ruling 1.Following the conclusion of the prosecution case and upon receiving written submissions from the prosecution and defence, this court has to determine whether the material availed by the prosecution is sufficient to require the accused persons to be placed on their defence to meet a prima facie case. 2.Upon considering all the material availed by the prosecution and submissions and representations of the parties, the court finds in terms of Section 306 of the CPC, that all the accused persons have a case to answer; the state having established a prima facie case against them by the evidence adduced. 3.Accordingly, the accused persons shall be informed in terms of Section 306 (2) that each of them have a right to remain silent, or to address the court either personally or through counsel and to give evidence on his own behalf or to make an unsworn statement, or a sworn statement in each case with or without witnesses. 4.Counsel shall advise the court on how the accused persons wish to proceed and to make their defence. 5.Orders accordingly. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 6TH DAY OF MAY, 2026.R. MWONGOJUDGEDelivered in the presence of:All Accused persons present in CourtMomanyi for 4th and 5th Accused,Momanyi holding brief for Andande for 1st Accused and E. Njiru for 2-3rd AccusedMs. Mwaniki for the StateFrancis Munyao – Court Assistant