Kenya Case Law

Republic v Kamau

Republic v Kamau (Criminal Case E003 of 2024) [2026] KEHC 11181 (KLR) (21 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case E003 of 2024

Judge

["JN Njagi"]

The prosecution failed to establish a prima facie case because no witness testified to seeing the accused stab the deceased, the alleged screwdriver and DNA/forensic results were not produced, and the public witnesses who arrested the accused did not testify; the evidence therefore could not support a conviction if the accused offered no defence. The court found no case to answer and acquitted the accused under section 306(1) of the Criminal Procedure Code.

Source excerpt

• Murder
• Prima facie case
• No case to answer
• Close of prosecution case
• Circumstantial evidence
• Acquittal under section 306(1) of the criminal procedure code

Republic v Ongeri & another

Court

High Court

Case number

Criminal Case E020 of 2023

Judge

TW Cherere

The High Court at Nyamira acquitted two accused charged with murder after the prosecution called no witnesses and tendered no evidence of death, cause of death, unlawful act, or nexus to the accused.

• Murder
• Elements of murder (proof of death, causation, malice aforethought)
• Prima facie case
• Acquittal under section 306(1) of the criminal procedure code
• Failure of prosecution to call witnesses
• Prima-facie-case