Kenya Judgment

High Court · High Court at Nyamira

Republic v Ongeri & another [2026] KEHC 4456 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Where the prosecution calls no witnesses and tenders no evidence establishing the fact of death, its cause, an unlawful act or omission, or any nexus to the accused, no prima facie case of murder is established and the accused are entitled to acquittal under section 306(1) of the Criminal Procedure Code.

Court disposition

Accused persons acquitted; finding of not guilty entered for murder contrary to section 203 as read with section 204 of the Penal Code

Orders

  • Finding of not guilty entered against Josephat Mayo Ongeri and Vincent Kenyatta Makori for murder contrary to section 203 as read with section 204 of the Penal Code
  • Both accused persons acquitted pursuant to section 306(1) of the Criminal Procedure Code
  • Accused persons to be set at liberty forthwith unless otherwise lawfully held

02

Material facts

Parties

Republic

Prosecutor Counsel: Mr. Chirchir (SADPP)

Josephat Mayo Ongeri

1st Accused Counsel: Mr. Marita for Akanga Matende & Co. Advocates

Vincent Kenyatta Makori

2nd Accused Counsel: Mr. Marita for Akanga Matende & Co. Advocates

03

Procedural history

  1. Posture

    Criminal / Close of Prosecution Case; Ruling on No Case to Answer Resulting in Acquittal

04

Questions and positions

Legal issues

Party arguments

Applicant
The prosecution indicated on 18 March 2026 that it would not call any witnesses and closed its case.
Respondent
Not recorded in the ruling; the accused persons were present and represented by counsel who did not contest the closure.

05

Court’s reasoning

  1. 01

    Shangasu v Republic [2024] KECA 1223 (KLR)

    In murder, the prosecution must prove the death, that death was caused by the unlawful act or omission of the accused, and that the accused acted with malice aforethought under section 206 of the Penal Code

  2. 02

    Section 306(1) Criminal Procedure Code

    Where the prosecution fails to establish a prima facie case, the court may enter a finding of not guilty and acquit under section 306(1) of the Criminal Procedure Code

06

Ratio, limits and disposition

Ratio decidendi

Where the prosecution calls no witnesses and tenders no evidence establishing the fact of death, its cause, an unlawful act or omission, or any nexus to the accused, no prima facie case of murder is established and the accused are entitled to acquittal under section 306(1) of the Criminal Procedure Code.

Court disposition

Accused persons acquitted; finding of not guilty entered for murder contrary to section 203 as read with section 204 of the Penal Code

  • Finding of not guilty entered against Josephat Mayo Ongeri and Vincent Kenyatta Makori for murder contrary to section 203 as read with section 204 of the Penal Code
  • Both accused persons acquitted pursuant to section 306(1) of the Criminal Procedure Code
  • Accused persons to be set at liberty forthwith unless otherwise lawfully held

Source and reliance status

High Court

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Judgment text

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Source document

High Court

Judgment

[2026] KEHC 4456 (KLR)

Republic v Ongeri & another (Criminal Case E020 of 2023) [2026] KEHC 4456 (KLR) (18 March 2026) (Ruling) Neutral citation: [2026] KEHC 4456 (KLR) Republic of Kenya In the High Court at Nyamira Criminal Case E020 of 2023 TW Cherere, J March 18, 2026 Between Republic Prosecutor and Josephat Mayo Ongeri 1 st Accused Vincent Kenyatta Makori 2 nd Accused Ruling 1. The accused persons, Josephat Mayo Ongeri And Vincent Kenyatta Makori, are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code . The particulars of the offence are that: On the 11th day of November, 2023 at Kierira Area Bochari Sub-location within Masaba North Sub-County in Nyamira County, jointly murdered James Misocho Machiegwa alias BRUNO.

2. The accused persons were arrested in November 2023. They were subsequently arraigned before this Court on 29 th November 2023, when the charge was read over and explained to them. Each of them pleaded not guilty, and the matter was thereafter fixed for hearing. They have remained in custody since their arrest.

3. The record shows that the case was scheduled for hearing on 27 th July 2024, and later on 17 th and 18 th March 2026. On each of those occasions, the prosecution failed to avail its witnesses, including the investigating officer. On 18 th March 2026, the prosecution indicated that it would not be calling any witnesses and proceeded to close its case.

2. The Court of Appeal in Shangasu v Republic [2024]

KECA 1223 ( KLR ), held that in a case of murder, the prosecution must prove: first, that the deceased died; second, that the death was caused by the unlawful act or omission of the accused; and third, that in causing that death the accused acted with malice aforethought as defined under section 206 of the Penal Code . The court will therefore consider the evidence on record against each of these statutory ingredients.

2. In the present case, the prosecution did not call any witness in support of its case. No evidence was tendered to establish the fact of death of the deceased; the cause of death; that the death resulted from an unlawful act or omission; or any nexus between the accused persons and the alleged offence.

2. In those circumstances, I find that the prosecution has failed to establish a prima facie case against the accused persons.

2. Accordingly, pursuant to section 306(1) of the Criminal Procedure Code , I enter a finding of not guilty for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and acquit both Josephat Mayo Ongeri and Vincent Kenyatta Makori. The accused persons shall be set at liberty forthwith unless otherwise lawfully held. DELIVERED AT NYAMIRA THIS 18 TH DAY OF MARCH 2026 WAMAE.T. W. CHERERE

JUDGE Appearances Court Assistant - Anita 1 st Accused - Present 2 nd Accused - Present For Accused Persons - Mr. Marita for Akanga Matende & Co. Advocates For the DPP - Mr. Chirchir (SADPP)

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Shangasu v Republic [2024] KECA 1223 (KLR)

Case cited

Penal Code, section 203

Legislation

Legislation referenced in the available case record.

Penal Code, section 204

Legislation

Legislation referenced in the available case record.

Penal Code, section 206

Legislation

Legislation referenced in the available case record.

Criminal Procedure Code, section 306(1)

Legislation

Legislation referenced in the available case record.

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