https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9129

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT SIAYA** **CRIMINAL CASE NO. E010 OF 2024** REPUBLIC.............................................................................PROSECUTION VERSUS WILLIAM OWOKO…………………………................................ACCUSED **RULING ON CASE TO ANSWER** 1. The accused person **William Owoko Opondo** has been charged with an offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the 8th day of February 2024, at Ogero Murumba village, Sega Sub-Location, Ugenya Sub- County within Siaya County, murdered one Susan Achieng Owoko. 2. The accused person denied the charges and thus a trial commenced in earnest wherein the prosecution called Seven (7) witnesses in support of its case. 3. The prosecution’s case is that on the material date, the accused herein arrived home and later found the deceased who was his wife speaking on phone to a certain man and that he felt that his spouse was cheating on him and that he started assaulting her and later informed his daughter (PW1) that he was going to kill her. That the accused later executed his plans and killed the deceased. It was the evidence of **Robert Oroma Otieno (PW3)** who was a neighbour that he heard noises from the house of the accused and that he rushed there and found that the accused had locked his house and was beating his wife. That the neighbours and the accused’s children gave up and that after a while the accused emerged from the house having accomplished his mission. It was the evidence of **No. 249896 Pc Boniface Oyiemba Otengo (PW4)** that the accused herein on 9/2/2024 turned up at Seka Police station and claimed that he had killed his wife and that the report was booked and the accused placed in custody. It was also the evidence of **Jeniffer Elizabeth Adongo Opondo (PW5)** that the accused had found his wife in a compromising situation with another man at their matrimonial home. She added that the deceased had been having such habit in the past and that the accused alerted her to go check but on arrival, the stranger had escaped. She also stated that the deceased later came to seek refuge in her house after the accused assaulted her and that she intervened and requested them to go and live peacefully. The said witness after being declared hostile went ahead to state that she found the accused sitting on the stomach of the deceased and hitting her with his fists and that the following day she found the deceased lying on the floor having died. It was further her evidence that any man would be annoyed if his wife brought another man into the matrimonial bed. 4. The body of the deceased was later examined during an autopsy conducted on 19/2/2024 by Dr Nabuya Duncan and that the autopsy report was produced by Dr ted Timon Tura (PW6). There were soft tissue swellings on hands indicating that the weapon to have been blunt force trauma. That there were soft tissue injuries on the back, lower limbs and head. There was bleeding below the scalp due to secondary blunt force trauma. The opinion on the cause of death was severe head injury secondary to blunt force trauma. The doctor produced the autopsy as Exhibit Two. 5. **No. 99804 Pc Jacob Suiyanka (PW7)** testified that he is the investigating officer. That on 9/2/2024 a report was made on a murder incident at Murumba Ogero Village and that officers rushed there and found the body of the deceased which had multiple injuries. That the body was collected and taken to Same Day Classmates Mortuary and that an autopsy was later conducted on the body and the accused herein charged with the offence. 6. At the close of the prosecution’s case, both learned counsels presented oral submissions. It was submitted by M/s Nakholi for the prosecution that they have established a prima facie case in the matter and that the accused should be ordered to make a defence. It was submitted that the accused had earlier made it known to one of his children that the deceased was having affairs with men and that he would kill her. That the children and the grandmother heard the deceased screaming while inside the house. 7. **Mr Ooro E** submitted that the prosecution has not established a prima facie case against his client based on the responses by the witnesses during cross-examination and that the accused ought to be acquitted of the charge. 8. At this stage of the proceedings, the prosecution was under a duty to establish a prima facie case against the accused herein so as to warrant him to be placed on his 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 silent in defence. See **Bhat Vs Republic [1957] EA 332.** 9. After analyzing the entire evidence adduced at this stage of the proceedings, I find that the evidence of PW1, PW3, PW4, PW5, placed the accused herein at the scene of crime. The accused was found assaulting his wife and had locked himself inside the house and that the body of the deceased was later found inside the house. Further, the accused had informed his daughter that he would kill the deceased due to her habit of engaging in affairs with men. It was the accused who turned himself at Seka polices station and claimed that he had killed his wife. That being the position, iam satisfied that the accused herein was squarely placed at the scene of the crime and that he was the last person to be with the deceased before she died, and thus he must now offer an explanation as to how the deceased met her death. 10. 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 the accused herein **William Owoko Opondo,** has a case to answer and is now 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 29th day of June 2026.** **D. KEMEI** **JUDGE** **In the presence of:** 1. **William Owoko Opondo..............................Accused** 2. **Ooro E.......................................................for Accused** 3. **Nakholi.....................................................for Prosecution** 4. **Maurine....................................................Court Assistant**