[2025] KEHC 10542 (KLR)
The court found that the prosecution had established a prima facie case against the accused. Although the accused did not inflict the fatal blow, he was present at the scene with those who assaulted the deceased, and the dispute that led to the assault originated between him and the deceased. The accused's presence...
Source-derived case information.
- Citation
- [2025] KEHC 10542 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Egesa Omukaga
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2025
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Murder, Prima Facie Case, Criminal Liability, Joint Enterprise
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Egesa Omukaga
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 accused was sufficiently linked to the fatal assault on the deceased despite not inflicting the killer blow.
- 3 Whether presence at the scene and association with the assailants is sufficient for criminal liability.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused. Although the accused did not inflict the fatal blow, he was present at the scene with those who assaulted the deceased, and the dispute that led to the assault originated between him and the deceased. The accused's presence and association with the principal offenders, coupled with the retaliatory motive, were sufficient to require him to explain his conduct. The court therefore put the accused on his defence to answer to the charge of murder.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
- The defence hearing shall be conducted on 8th October 2025.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Omukaga (Criminal Case E004 of 2025) [2025] KEHC 10542 (KLR) (18 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10542 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E004 of 2025
WM Musyoka, J
July 18, 2025
Between
Republic
Prosecution
and
Stephen Egesa Omukaga
Accused
Ruling
1. I had the benefit of seeing and hearing the witnesses testify in this matter.
2. Only 1 eyewitness testified. His case was that the accused did not inflict the killer blow, and that he was not among those who physically assaulted the deceased, but he was said to have been in the vicinity. The other crucial witness gave a background, which pointed to a disagreement between the accused and the deceased, at a liquor joint. The accused walked away to avoid trouble, but the deceased followed him to his home, and assaulted him, whereupon the accused and his sons raided the home of the deceased, when the fatal assault happened.
3. The accused was placed at the scene. Although not actively attacking the deceased, he was said to have been with those who assaulted the deceased. The dispute, which provoked the entire fracas, was between the accused and the deceased, and those who hurt the deceased, who are still at large, were the said to be the sons of the accused, who went to the scene in the company of the accused, allegedly in retaliation.
4. I find that a prima facie case has been established against the accused. The accused should explain himself. I hereby put him on his defence. The defence shall be conducted on 8th October 2025.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA, ON THIS 18TH DAY OF JULY 2025. WM MUSYOKA.JUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Antony Onanda, instructed by the Director of Public Prosecutions, for the Republic.Ms. DK Nabulindo, Advocate for the accused person.