https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9596
The prosecution had adduced sufficient evidence, including eye-witness testimony that the accused were seen assaulting the deceased and medical evidence confirming death from multiple injuries and hemorrhage due to blunt force trauma, to establish a prima facie case. The accused therefore had a case to answer and...
Source-derived case information.
- Citation
- [2026] KEHC 9596 (KLR)
- Parties
- Prosecutor: Republic; 1st Accused: Charles Ndolo Ombuoro; 2nd Accused: John Otieno Ngere
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2017
- Procedural Posture
- Criminal Case (murder Charge) / No Case to Answer Ruling After Prosecution Case; Accused Placed on Defence
- Outcome
- Prima facie case found; accused persons put on their defence.
- Judges
- ["EN Maina"]
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Section 306 Criminal Procedure Code, Malice Aforethought, Burden at Close of Prosecution Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Charles Ndolo Ombuoro
1st Accused
John Otieno Ngere
2nd Accused
Procedural Posture
Criminal Case (murder Charge) / No Case to Answer Ruling After Prosecution Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution had established a prima facie case to require the accused persons to be put on their defence.
- 2 Whether the evidence proved the unlawful killing and linked the accused persons to the offence.
- 3 Whether malice aforethought remained an issue for determination after the prosecution case.
Ratio Decidendi
The prosecution had adduced sufficient evidence, including eye-witness testimony that the accused were seen assaulting the deceased and medical evidence confirming death from multiple injuries and hemorrhage due to blunt force trauma, to establish a prima facie case. The accused therefore had a case to answer and were required to enter their defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Prima facie case found; accused persons put on their defence.
Orders
- The accused persons shall enter their defence in accordance with section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Ombuoro & another (Criminal Case 12 of 2017) [2026] KEHC 9596 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9596 (KLR) Republic of Kenya In the High Court at Machakos Criminal Case 12 of 2017 EN Maina, J June 25, 2026 Between Republic Prosecutor and Charles Ndolo Ombuoro 1st Accused John Otieno Ngere 2nd Accused Ruling 1.The accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the night of 21st and 22nd February 2017 at Wema Villas Constructions site in Athi River Township of Mavoko Sub-County within Machakos County, they murdered Collins Omondi Onyango. 2.The accused persons pleaded not guilty to the charge whereupon the prosecution called six witnesses in order to prove its case. Thereafter counsel for the prosecution and the defence made their arguments by way of written submissions. Section 306(1) of the Criminal Procedure Code requires this court to consider the evidence, the submissions and the law and make a determination on whether a prima facie case has been established against the accused persons to warrant them to be put on their defence. I have duly complied. 3.I can state for a fact that the fact of death of the victim (deceased) and the cause of the death and that it was by an unlawful act were proved beyond reasonable doubt. PW1 and PW2 who knew the deceased and who were present at the scene on the fateful night testified that he was assaulted and that he sustained injuries which led to his death. The three police officers involved in investigating the case, PW4, PW5 and PW6 all testified that they saw the body and the Pathologist PW6 also confirmed that there were injuries on the body which could not have been self-inflicted. He concluded that the cause of death was multiple injuries and hemorrhage due to blunt force trauma. The only issues for determination at the end of the trial shall then be whether the accused persons were the perpetrators of the unlawful act and if so whether they acted of malice aforethought. 4.Having considered the evidence carefully, I am satisfied that a prima facie case has been established against the accused persons sufficiently to warrant them to be placed on their defence. This is in view of the eye witnesses’ accounts that they were seen assaulting the deceased. They do therefore have a case to answer and shall therefore be required to enter their defence as required under section 306(2) of the Criminal Procedure Code.It is so ordered. RULING DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS ON THIS 25TH DAY OF JUNE, 2026.E. N. MAINAJUDGEIn the presence of:Mr. Muteti for Mr. Langalanga Advocates for Accused.Mr. Masila for the State.Both accused.Court Assistant – Catherine.