https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7757
The court reviewed the prosecution evidence and found that it disclosed a prima facie case. The accused was therefore required to be placed on his defence under section 306 of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 7757 (KLR)
- Parties
- Prosecution: Republic; Accused: John Kariuki Njue
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2024
- Procedural Posture
- Criminal Case / Close of Prosecution Case; Ruling on Prima Facie Case Under Section 306 CPC
- Outcome
- Prima facie case found; accused placed on defence.
- Judges
- ["RM Mwongo"]
- Legal Topics
- Prima Facie Case, No Case to Answer Ruling, Accused Placed on Defence, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
John Kariuki Njue
Accused
Procedural Posture
Criminal Case / Close of Prosecution Case; Ruling on Prima Facie Case Under Section 306 CPC
Legal Issues
- 1 Whether the prosecution had established a prima facie case requiring the accused to be put on his defence.
Ratio Decidendi
The court reviewed the prosecution evidence and found that it disclosed a prima facie case. The accused was therefore required to be placed on his defence under section 306 of the Criminal Procedure Code.
Court Disposition
Prima facie case found; accused placed on defence.
Orders
- Accused to be placed on his defence.
- Accused to advise the court on the mode of defence he will adopt.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Njue (Criminal Case E022 of 2024) [2026] KEHC 7757 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEHC 7757 (KLR) Republic of Kenya In the High Court at Embu Criminal Case E022 of 2024 RM Mwongo, J June 3, 2026 Between Republic Prosecution and John Kariuki Njue Accused Ruling 1.Upon close of the prosecution’s case and the counsel for the parties having requested the Court to rely on the record, the court has considered all the evidence availed by the prosecution. 2.The court is required under Section 306 CPC to rule on whether a prima facie case to answer is made out requiring the accused to be placed on his defence. 3.Upon considering the said evidence, the court finds that a prima facie case has been made out. Accordingly, the accused shall be placed on his defence. He is advised that he may give sworn evidence with or without witnesses, or he may give unsworn evidence with or without witnesses or he may opt to remain silent and adduce evidence through witnesses. 4.Accused shall advise the court of his choice. 5.Orders accordingly. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 3RD DAY OF JUNE, 2026...........................R. MWONGOJUDGEDelivered in the presence of:1. Accused Present in Court2. Mageto for Accused3. Ms. Mwaniki for the State4. Francis Munyao - Court Assistant