[2025] KEHC 8679 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Samuel Nyongesa Kundu alias Sammy, as he was the last person to interact with the deceased before her disappearance and subsequent death. The evidence presented by the prosecution, including witness testimony and the...
Source-derived case information.
- Citation
- [2025] KEHC 8679 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Nyongesa Kundu Alias Sammy
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E023 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- case to answer established; accused to offer defence
- Judges
- WM Musyoka
- Legal Topics
- Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Nyongesa Kundu Alias Sammy
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Samuel Nyongesa Kundu alias Sammy, as he was the last person to interact with the deceased before her disappearance and subsequent death. The evidence presented by the prosecution, including witness testimony and the circumstances of the deceased's discovery, was sufficient to require the accused to offer a defence. Accordingly, the court ruled that the accused has a case to answer and must proceed to the defence stage of the trial.
Court Disposition
case to answer established; accused to offer defence
Orders
- The accused is found to have a case to answer and is required to offer a defence.
- The defence hearing is scheduled for 16th July 2025.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Nyongesa Kundu alias Sammy (Criminal Case E023 of 2023) [2025] KEHC 8679 (KLR) (20 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8679 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E023 of 2023
WM Musyoka, J
June 20, 2025
Between
Republic
Prosecution
and
Samuel Nyongesa Kundu Alias Sammy
Accused
Ruling
1. I handled this matter from inception. I heard all the witnesses and saw them testify.
2. It emerges that the accused person was the last person to have interacted with the deceased person before she disappeared, and was eventually discovered dead, buried in a shallow grave, within her compound.
3. A prima facie case has been established against the accused person herein, to require that he should offer a defence or explanation. He has a case to answer.
4. The defence hearing shall be conducted on 16th July 2025.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 20TH DAY OF JUNE 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Tony Onanda, instructed by the Director of Public Prosecutions, for the Republic.Mr. Otieno, Advocate for the accused person.