https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11098
The court held that the prosecution adduced sufficient evidence that the accused gave the children soda after which they fell sick, and the post-mortem evidence indicated the deceased could have died of organophosphate poisoning; accordingly, a prima facie case was established and the accused was placed on her defence.
Source-derived case information.
- Citation
- [2026] KEHC 11098 (KLR)
- Parties
- Prosecutor: Republic; Accused: Edinah Maneno Nyongesa
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E034 of 2022
- Procedural Posture
- Criminal Case / Ruling on a Prima Facie Case and Placing Accused on Defence
- Outcome
- Prima facie case established; accused placed on her defence.
- Judges
- ["AC Bett"]
- Legal Topics
- Prima Facie Case, Poisoning, Post Mortem Evidence, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Edinah Maneno Nyongesa
Accused
Procedural Posture
Criminal Case / Ruling on a Prima Facie Case and Placing Accused on Defence
Legal Issues
- 1 Whether the prosecution had established a prima facie case against the accused
- 2 Whether the evidence linking the accused to the alleged poisoning was sufficient to require her to be placed on her defence
Ratio Decidendi
The court held that the prosecution adduced sufficient evidence that the accused gave the children soda after which they fell sick, and the post-mortem evidence indicated the deceased could have died of organophosphate poisoning; accordingly, a prima facie case was established and the accused was placed on her defence.
Court Disposition
Prima facie case established; accused placed on her defence.
Orders
- The accused shall be placed on her defence.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAKAMEGA** **CRIMINAL CASE NO. E034 OF 2022** **REPUBLIC …………….……...………………………………………………. PROSECUTOR** **VERSUS** **EDINAH MANENO NYONGESA …………………………………..….……… ACCUSED** **RULING** 1. I have considered the evidence adduced by the prosecution. There is sufficient evidence that the Accused gave her children *Soda* to drink after which they all fell sick. 2. The post-mortem that was done by the Consultant Pathologist established that the deceased, who was one of the Accused’s children, could have died of organophosphate poisoning. 3. I find that the Prosecution has established a *prima facie* case against the Accused. She is therefore placed on her defence. Dated, signed, and delivered at Kakamega, this 21st day of July 2026. **A. C. BETT** **JUDGE** **In the presence of:** Ms. Chala for the Prosecution Ms. Wanyonyi holding brief for Mr. Okali for the Accused Court Assistant: Polycap