https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11157
Having considered the prosecution evidence, exhibits, the accused’s submissions and the record, the court found a prima facie case had been established. Following the governing authorities, the court declined to give detailed reasons and placed the accused on his defence, with the matter to proceed for directions...
Source-derived case information.
- Citation
- [2026] KEHC 11157 (KLR)
- Parties
- Prosecution Counsel: REPUBLIC; Accused: RICHARD OTIENO OSORE
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E034 of 2021
- Procedural Posture
- Criminal Case / No Case to Answer Ruling; Accused Placed on Defence
- Outcome
- Accused placed on his defence.
- Judges
- ["JM Omido"]
- Legal Topics
- Prima Facie Case, Submission of No Case to Answer, Accused Placed on Defence, Directions Under Section 306(2) Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Prosecution Counsel
RICHARD OTIENO OSORE
Accused
Procedural Posture
Criminal Case / No Case to Answer Ruling; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution had established a prima facie case requiring the accused to be placed on his defence.
- 2 Whether the court should give reasons at the no case to answer stage.
Ratio Decidendi
Having considered the prosecution evidence, exhibits, the accused’s submissions and the record, the court found a prima facie case had been established. Following the governing authorities, the court declined to give detailed reasons and placed the accused on his defence, with the matter to proceed for directions under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence.
Orders
- Matter to be mentioned on 22nd September, 2026 for directions under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISUMU** **CRIMINAL CASE NO. E034 OF 2021** **REPUBLIC….…….……………...…………….PROSECUTION COUNSEL** **VERSUS** **RICHARD OTIENO OSORE……………..……………………….ACCUSED** **RULING** 1. Having considered the evidence of the five (5) prosecution witnesses, the exhibits produced, the accused’s submissions and the record in its entirety, I find that a *prima facie* case has been established against the accused person and he is hereby placed on his defence. 2. The authorities of ***Festo Wandera Mukando v Republic [1980] KLR 103*** and ***Republic v Kevin Owuor Abith alias Opudo [2022] eKLR*** provide the jurisprudence that it is inadvisable for the court to give the reasons as to why an accused person is placed on his defence. I will therefore not give the reasons for my findings above. 3. In ***Festo Wandera Mukando,*** the Court stated thus: ***“...we draw attention to the inadvisability of giving reasons for holding that an accused has a case to answer. It can prove embarrassing to the court and, in an extreme case, may require an appellate court to set aside an otherwise sound judgment. Where a submission of “no case” to answer is rejected, the court should say no more than that it is. It is otherwise where the submission is upheld when reasons should be given; for then that is the end to the case or the count or counts concerned.”*** (Emphasis mine). 1. In ***Republic v Kevin Owuor Abith alias Opudo [2022] eKLR,*** it was held that: ***“The trial court is however cautioned that at this stage, it should not make definitive findings should it conclude that the accused has a case to answer.”*** (Emphasis mine). 1. This matter will be mentioned on 22nd September, 2026 for directions under *Section 306(2)* of the *Criminal Procedure Code.* DELIVERED, DATED and SIGNED in open court this 16th day of July, 2026. **JOE M. OMIDO** **JUDGE** ACCUSED: **Present.** PROSECUTION COUNSEL: **Ms. Muema.** DEFENCE COUNSEL: **Ms. Nyambeki.** COURT ASSISTANT: **Mr. Ngoge** & **Mr. Juma.**