https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8826

Republic v Ouma (Criminal Case E055 of 2024) [2026] KEHC 8826 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8826 (KLR) Republic of Kenya In the High Court at Siaya Criminal Case E055 of 2024 DK Kemei, J June 23, 2026 Between Republic Prosecution and Partrick Ouma Accused Ruling 1.The accused person herein, Patrick Ouma, has been 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 2nd day of December 2024 at around 2100 hours at Gongo resource center in Gongo Sub-location central Gem location, Gem Sub County, within Siaya County together with others not before court murdered one Joseph Juma Ndhosi. 2.The accused denied the charges, and thus a trial commenced in earnest wherein the prosecution called six (6) witnesses in support of its case. 3.Philip Wasonga Luma (PW1) told the court that on 2/12/24 around 9:30pm he received a call from his in- law Doroser Juma informing him that his brother had fallen down and that they should go and assist him. That he learnt that the deceased had fallen inside the gate of John Akula. That he rushed there and found his brother on the ground bleeding on the face and who was trying to speak but with difficulty. That he used his mobile phone to see and that there was also moonlight. That the deceased was groaning but he could not hear what he wanted to say. That he then alerted his brother Joseph Otieno Luma and then made arrangements to rush him to hospital. That the deceased's motor bicycle lay at the scene and it had bloodstains on it. That the villagers thronged the scene. That a good Samaritan arrived with his car which was used to rush him to Yala hospital. That they were later alerted of a discovery of a helmet along the road. That his in law Doroser later alerted him that his brother had passed on. That they took the motorcycle for safe keeping at his mother's house. He identified the small grey blue sack with some items therein sack which was next to the deceased's motorcycle (Mfi-1). Later, he recorded a statement with the police. That he was present during the autopsy conducted on on 9/12/24 and that he was with Doroser Juma, Willis Aduda, and Ayub Muugoya. During cross-examination by Odhiambo, he confirmed that he later received a call from Doroser Juma that they saw a helmet on the road, That he also saw the helmet which was broken and had bloodstains. 4.Owino Francis Opiyo (PW2) was the Assistant Chief of Gongo Sub-location, Gem Yala Sub County, and a farmer. That he recalled on 2nd December 2024, he woke up in the morning and found that one Esau Ogunde, a village elder, had tried to call him several times at night. That the said clan elder later informed him that the body of the deceased had been dumped near a trading centre with several injuries. That he had known the deceased as a serial widow inheritor in the area. That he visited Jane Atieno, a widow, who claimed that the deceased had moved away three days after living with her. That he called police and went to one Agnes who sold alcohol and who also claimed the deceased had been with her earlier that day and that he informed her that the deceased had passed on. That he checked her verandah and saw a broken mopping stick but she could not explain it. That he saw signs of struggle on her floor and a bloodstained sandal belonging to the deceased. That they went to where the body had been dumped dumped and found a mat and manila bag with bloodstains. That they recovered a bloodstained helmet and that the deceased's motorcycle also had bloodstains. That he later received a report that young men had been spotted using the deceased's motor bike while carrying two people. That he identified the recovered exhibits (Mfi-2, 3 and 4).On cross-examination, he stated interalia; that he did not witness the incident or the person who transported the deceased to hospital; that he does not know the identity of the person who had placed the sky blue sack at the scene; that he did not see the person who broke the stick; that he did not see the accused at the scene, but saw him at the home of Agnes; that and Agnes gave him some explanation but however, did not give an explanation regarding the bloodstained sandals in the presence of corporal Deng; that he only knows Agnes to be the suspect and not the accused herein; that he does not know the whereabouts of Agnes currently as she sold her property and left the area; that Agnes was arrested and charged. Under cross-examination by the court, he stated that the accused should shoulder 20% while Agnes takes care of 80% blame over the death of the deceased. 5.No. 83786 Corporal Ezekiel Denge (PW3) stated that he does recall on 3/12/24 at around 0700 hours, he was at the camp when he received a call from the asst chief Mr Frank Owino that a person had been killed and his body dumped along Resiyo Gongo road. That he rushed there and met the family members who briefed him. That he later learnt that the deceased had been cohabiting with a certain woman named Agnes Nyakoi at Resiyo centre and that he had not gone home for one week. That he interrogated her and learnt that the deceased had left her home at 1930 hours. That he inspected the lady’s house and recovered a broken floor mopper stick, a pair of blue sandals belonging to the deceased and which he identified as belonging to the deceased since he had ferried him the previous day on his motorcycle; that there were signs of a struggle as it had rained and that there were marks; that he decided to arrest Agnes Nyakoi and placed her in custody; that he also collected the other recovered exhibits; that he established that the accused herein had been spotted ferrying the deceased and another pillion passenger on the deceased’s motorcycle.Under cross-examination, he stated inter alia; that he is the arresting officer and not investigating officer; that he did not witness the incident; that he did not see injuries on the body of deceased as by then he had been rushed to hospital; that he relied on an informer but he could not disclose the source of his information; that it had rained slightly; that there were no bloodstains inside Agnes’ house but only on the verandah; that Agnes claimed that she had used mopper to beat a certain stubborn cat and hence the broken pieces; that he suspected murder had taken place at Nyakoi’s home as there were signs of a struggle but did not brief DCI; that Ore is still at large and likewise Agnes Nyakoi. 6.The body of the deceased was later examined during an autopsy conducted by Dr Charles Ochola (Pw4) who observed lacerations on the parietal area of the head, chin, frontal aspect of the face/brow, periorbital signs around the eyes, and injuries to the shoulder and upper extremities. That the internal examination showed the respiratory, vascular, digestive, and genito-urinary systems were normal, but the head was fractured with bleeding inside the brain consistent with an epidural hematoma, while the spinal column and cord were normal. That he formed the opinion that the cause of death was increased intracranial pressure due to the epidural hematoma, which resulted from blunt force trauma to the head. That he produced the autopsy report dated 9/12/24 as Exhibit 5.Under cross-examination, he stated that he confirmed the deceased was identified by two relatives and that while the injuries were caused by blunt force trauma, he could not determine the specific type of weapon used. 7.No. 109571 CPL Benson Mutune (PW5) testified that on 3/12/24 he was informed by DCIO CIP Charles Emondo to investigate an incident of murder that had been reported at at Nyawara Police Post. That he established that the deceased was dumped at Gozo Recreation Centre on 2/12/24 and was rescued by family members and taken to Yala Sub County Hospital where he was pronounced dead on arrival. That the scene was visited and that the deceased’s motorcycle Reg No. KMFP803P was recovered by family members. That the assistant chief and DCI officers recovered a blue bloodstained sack containing a pair of sleepers, a broken helmet and a broken mopper. That he received the items and visited the scene. That the sleepers and mopper were recovered at the home of Agnes Nyakoi while the broken helmet was recovered along Nyandiwa-Resimba public road. He produced the recovered items namely, sack, mopper, sleepers and helmet as exhibits 1-4. That he arrested Agnes Nyakoi under Siaya Law Court Misc Application No. E017/24 and Patrick Ouma under Misc E183/24, both custodial orders were granted. That an autopsy was later conducted by Dr Charles Ochola who confirmed that the death was due to blunt force trauma.Under cross-examination, he stated inter alia; that none of the witnesses, including Agnes Nyakoi, implicated the accused herein; that he found no bloodstains at Agnes Nyakoi’s house despite recovering the mopper and sleepers there; that the helmet had no specific markings and that Agnes Nyakoi is now at large after selling her land and moving away, and that he agrees that her conduct is suspect; that the deceased was at the home of Agnes Nyakoi before being dumped near the river and before the accused and others arrived; that originally Charles Odhiambo and Patrick Ouma were to be charged for murder, but only Patrick Ouma is in court as accused. 8.Kennedy Otieno Owich (PW6) testified that the deceased was his brother in law. That on the material date (2/12/2024) he was on his way hme when a motorcycle was ridden past him in a high speed and when it slowed down he recognized the accused herein as the one riding it. That there were street lights. That he did not manage to see the accused’s pillion passengers. That on arrival home he hard noises but did not come out. That the following day he learnt that the deceased had bene found dead near the place he had seen the accused stop his motorcycle after passing him the previous night.On cross-examination, he stated inter alia; that he was able to recognize the accused but not his pillion passengers; that the accused did not wear a helmet; that he did not see any weapon on the accused. 9.At the close of the prosecution’s case, both learned counsels opted to rely on the evidence adduced as regards the issue of whether the prosecution has established a prima facie case against the accused person herein. 10.At this stage of the proceedings, the prosecution was under a duty to establish a prima facie case against accused herein so as to warrant them to be placed on their defence. A prima facie case is one in which a reasonable tribunal directing its mind to the law and evidence placed before it could convict an accused person if no evidence is offered by the defence to the contrary. Hence, what this means is that the evidence which has so far been tendered at this stage of the proceedings should be sufficient to sustain a conviction against the two accused persons herein if they elect to remain n silent in defence. See Bhat Vs Republic [1957] EA 332. 11.After analyzing the entire evidence adduced at this stage of the proceedings, I find that the evidence so far tendered has placed the accused at the scene of crime. It transpired that the accused had been spotted at the home of Agnes Nyakoi where the deceased was before being ferried to the roadside and that the accused was spotted ferrying some pillion passengers at night and stopping at a spot where the body of the deceased was found the following morning. That being the position, I find that the accused must now offer an explanation as to how the deceased met his death. 12.In view of the foregoing observations, it is my finding that the prosecution has established a prima facie case against the accused herein to require him to be called upon to make a defence. Consequently, I find that the accused herein Patrick Ouma has a case to answer and is called upon to elect to conduct his defence in accordance with the provisions of section 306(2) of the Criminal Procedure Code. DaTED AND DELIVERED AT SIAYA, THIS 23RD DAY OF JUNE 2026D.KEMEIJUDGEIn the presence of :Patrick Ouma..............................AccusedOdhiambo.................................for AccusedSoita...........................................for ProsecutionMaurine......................................Court Assistant