https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8388

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAHURURU** **CRIMINAL CASE E002 OF 2024** **REPUBLIC……………………………………………………………..ODPP** **-VERSUS-** **FRED OBOGA OMWOYO…..….…………….…………………ACCUSED** **RULING** 1. **Fred Oboga Omwoyo,** the Accused, is charged with the offence of **Murder contrary to Section 203 as read with Section 204 of the Penal Code.** Particulars of the offence are that on the 3rd day of February, 2024, at Manguo Area in Nyahururu Sub-County within Laikipia County murdered Evans Omwoyo Oboga. 2. This is a case where the deceased lived in the same house with his son, the Accused. On the fateful date, PW1 Peninah Karendi went looking for the deceased who had not paid rent but the door was locked and her calls went unanswered. She called neighbours who assisted in threatening to break the door. The Accused on hearing the threat opened the door. The body of the deceased lay on the floor and was unresponsive. The Accused could not give any explanation of what transpired hence the matter was reported to PW2 Samuel Chege Njoroge the Assistant Area Chief who in turn reported the matter to the police. The body was removed and taken to Nyahururu Referral Hospital where a postmortem was performed. Investigations carried out culminated into the arrest of the Accused who was subsequently charged. 3. At the close of the Prosecution’s case, to place an accused person on his defence, the prosecution must establish a prima facie case against him. A prima facie case was discussed in ***Bhatt v Republic [1957] EA 331*** as follows; ***“Remembering that the legal onus is always on the prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution, the case is merely one “which on full consideration might possibly be thought sufficient to sustain a conviction.” This is perilously near suggesting that the court would not be prepared to convict if no defence is made, but rather hopes the defence will fill the gaps in the prosecution case. Nor can we agree that the question whether there is a case to answer depends only on whether there is “some evidence, irrespective of its credibility or weight, sufficient to put the accused on his defence”. A mere scintilla of evidence can never be enough: nor can any amount of worthless discredited evidence…It is may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”*** 1. Having evaluated evidence on record it is not in dispute that death occurred due to asphyxia due to neck compression which was consistent with manual strangulation as concluded by PW5 Dr. Wangari Wambugu who conducted the autopsy. 2. The person found in the house by those who gained entry of the same and found the deceased in a non-responsive manner was the Accused who also lived with him. The Accused would therefore be required to render an explanation of what happened. 3. In the premises, I find and hold that the prosecution has established a prima facie case against the Accused, and, I proceed to place him on his defence as required by **Section 306(2) of the Criminal Procedure Code.** 4. It is so ordered. **Dated, signed and delivered virtually this 2nd day of June, 2026.** **……………………** **L.N. MUTENDE** **JUDGE**