https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/215
The prosecution evidence, as evaluated under the Bhatt and Murimi standards, established a prima facie case that the accused unlawfully damaged the complainant’s dwelling house. The accused was therefore required to enter his defence under section 211 of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEMC 215 (KLR)
- Parties
- Prosecutor: Republic; Accused: Benard Nyongesa
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E450 of 2023
- Procedural Posture
- Criminal Case / Ruling on Whether Prosecution Had Established a Prima Facie Case at Close of Prosecution Case Under Section 210 CPC
- Outcome
- Prima facie case found; accused placed on his defence.
- Judges
- ["RN Maloba"]
- Legal Topics
- Prima Facie Case, Damage to Dwelling House, No Case to Answer Analysis, Accused Placed on Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Benard Nyongesa
Accused
Procedural Posture
Criminal Case / Ruling on Whether Prosecution Had Established a Prima Facie Case at Close of Prosecution Case Under Section 210 CPC
Legal Issues
- 1 Whether the prosecution adduced sufficient evidence to establish a prima facie case against the accused.
- 2 Whether the accused should be placed on his defence under section 211 of the Criminal Procedure Code.
Ratio Decidendi
The prosecution evidence, as evaluated under the Bhatt and Murimi standards, established a prima facie case that the accused unlawfully damaged the complainant’s dwelling house. The accused was therefore required to enter his defence under section 211 of the Criminal Procedure Code.
Court Disposition
Prima facie case found; accused placed on his defence.
Orders
- Accused to be placed on his defence forthwith under section 211 of the Criminal Procedure Code.
- Accused to elect how to proceed with his defence while observing the right to silence.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Nyongesa (Criminal Case E450 of 2023) [2026] KEMC 215 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KEMC 215 (KLR) Republic of Kenya In the Bungoma Law Courts Criminal Case E450 of 2023 RN Maloba, SPM July 1, 2026 Between Republic Prosecutor and Benard Nyongesa Accused Ruling 1.This matter is coming up for ruling upon closure of the Prosecution’s case under Section 210 of the Criminal Procedure Code during which and through the evidence on record, the Prosecution set out to prove that accused unlawfully damaged the Complainant’s dwelling house on 12/6/2022 in Chwele at Kilimani area. That evidence has been evaluated and analysed in the context of the test set out in Bhatt v R (1957) EA 332 and Murimi v RE [1967] EA 542 on what constitutes a prima facie case and the standard to be applied. 2.On the whole, the Court finds that the Prosecution has managed to prove a prima facie case against the accused regarding the alleged damage. Consequently, accused is placed on his defence under Section 211 of the Criminal Procedure Code forthwith. He is asked to make an election on how he shall proceed to defend himself but at the same time, he is reminded of the rule against self-incrimination ( his right to silence) under Article 50(l) of the Constitution of Kenya 2010. R. B. N. MALOBASPM1/7/2026ACCUSEDI will give a sworn statement. I will call two witnesses. I am ready to proceed with my own testimony today.MS. ACHIENGWe can proceed with his testimony. I have my file.COURTPlaced aside to 11.30 a.m.HON. R. B. N. MALOBASPM1/7/2026