[2025] KEHC 10586 (KLR)
The court found that the prosecution had established a prima facie case against the accused persons, as they were placed at the scene of the crime by a witness. This evidence was deemed sufficient to require the accused to be put on their defence, in accordance with the threshold set out in Section 306(2) of the...
Source-derived case information.
- Citation
- [2025] KEHC 10586 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Oduor alias Nyanya; Defendant: Stephen Ouma
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2025
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Martin Oduor alias Nyanya
Defendant
Stephen Ouma
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused persons, as they were placed at the scene of the crime by a witness. This evidence was deemed sufficient to require the accused to be put on their defence, in accordance with the threshold set out in Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused must explain themselves in defence, and set a date for the defence hearing.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons are found to have a case to answer.
- The accused are ordered to be put on their defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Oduor alias Nyanya & another (Criminal Case E002 of 2025) [2025] KEHC 10586 (KLR) (18 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10586 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E002 of 2025
WM Musyoka, J
July 18, 2025
Between
Republic
Prosecution
and
Martin Oduor alias Nyanya
1st Accused
Stephen Ouma
2nd Accused
Ruling
1. I had the benefit of hearing and seeing the witnesses testify in this matter.
2. The accused persons were placed at the scene, albeit by only 1 witness.
3. I am satisfied that a prima facie case has been established by the Republic, against the accused persons, to require that the accused be put on their defence, to explain themselves.
4. The defence hearing shall happen on 8th October 2025.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA, ON THIS 18TH DAY OF JULY 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Antony Onanda, instructed by the Director of Public Prosecutions, for the Republic.Mr. Joseph V Juma, Advocate for the accused.