https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11402
The court, having considered the prosecution evidence and the evidence it had taken, found that the prosecution had established a prima facie case against the accused, and therefore directed that the accused be put on his defence under section 306(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 11402 (KLR)
- Parties
- Prosecution: Republic; Accused: Salim Kevin Omar
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2025
- Procedural Posture
- Criminal Murder Trial / Ruling on Whether Prosecution Established a Prima Facie Case at Close of the Prosecution Case Under Section 306 CPC
- Outcome
- Accused placed on his defence.
- Judges
- ["TM Matheka"]
- Legal Topics
- Murder, Prima Facie Case, Submission to Defence, Close of Prosecution Case, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Salim Kevin Omar
Accused
Procedural Posture
Criminal Murder Trial / Ruling on Whether Prosecution Established a Prima Facie Case at Close of the Prosecution Case Under Section 306 CPC
Legal Issues
- 1 Whether the prosecution had established a prima facie case sufficient to place the accused on his defence.
- 2 What the court should do at the close of the prosecution case under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court, having considered the prosecution evidence and the evidence it had taken, found that the prosecution had established a prima facie case against the accused, and therefore directed that the accused be put on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence.
Orders
- Accused shall be put on his defence pursuant to section 306(2) of the Criminal Procedure Code.
- Defence hearing scheduled for 7th October 2026.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KABARNET** **CRIMINAL CASE NO.E005 OF 2025** REPUBLIC .............................................................. PROSECUTION **VERSUS** SALIM KEVIN OMAR...............................................................ACCUSED **RULING** 1. Salim Kevin Omar is charged with **Murder contrary to Section 203** as read with **Section 204 of the Penal Code**. It is alleged that on dates between 9th February, 2025 and 16th February, 2025 at Marigat Inn Location within Marigat Sub-County in Baringo County he murdered Hamis Yunus. He denied the offence on 13th March, 2025. 1. The matter was part heard before the Hon Ngetich J as she then was. Prosecution called 5 witnesses. 2. At the close of the case for the Prosecution s. 306 of the Criminal Procedure Code kicks in. The court has to determine on the evidence on record whether to make a finding of not guilty at that stage or to put him on the defence 3. The Judiciary Criminal Procedure Bench Book guides at para 157 that If the court concludes that a prima facie case has been made it should not give reasons for that finding because it may appear as if it has made up its mind without hearing the defence. These were the holdings among others in **Anthony Njue Njeru Vs R Court of Appeal NBI Criminal Appeal no 77 of 2006** 4. I have carefully considered the evidence on record and the evidence I took. I find that a prima facie case has been made against the accused to warrant his being put on the defence 5. Accused will be put on the defence pursuant to **Section 306(2)** of the **Criminal Procedure Code.** **Ruling read, delivered and dated virtually at Eldama Ravine (Sub-Registry) this 24th day of July, 2026** **MUMBUA T MATHEKA** **JUDGE** **In the presence of**: * Mr. Koech for the State. * For the Accused: Ms. Barasa * Momanyi /Gladys Court Assistant Defence Hearing on 7th October 2026 Mention before DR on 24th August 2026