Kenya Case Law

Republic v Kirui

Republic v Kirui (Criminal Case E1038 of 2026) [2026] KEMC 406 (KLR) (31 July 2026) (Ruling)

Court

Magistrate's Court

Case number

Criminal Case E1038 of 2026

Judge

["ME Aligula"]

The prosecution evidence placed the accused at the scene and showed that the witnesses knew her personally, thereby raising a rebuttable presumption and establishing a prima facie case. The accused therefore had a case to answer and was properly called upon to enter her defence under section 211 of the Criminal Procedure Code.

Source excerpt

• Assault causing actual bodily harm
• Prima facie case
• Case to answer
• Section 306 criminal procedure code
• Section 211 criminal procedure code
• Burden of proof

Republic v Waweru

Republic v Waweru (Criminal Case 24 of 2019) [2026] KEHC 12264 (KLR) (30 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case 24 of 2019

Judge

["B Mwamuye"]

The court found that the prosecution evidence from eight witnesses disclosed a prima facie case of murder against the accused within the meaning of Section 306 of the Criminal Procedure Code, sufficient to require a defence. The accused was therefore put on her defence under Section 306(2).

Source excerpt

• Murder
• Prima facie case
• Case to answer
• Section 306 criminal procedure code
• Defence hearing

Republic v Wanjohi

Republic v Wanjohi (Criminal Case E013 of 2020) [2026] KEHC 11994 (KLR) (30 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case E013 of 2020

Judge

["EM Muriithi"]

The prosecution evidence, including the postmortem showing death by asphyxia caused by tracheal oedema following assault with a blunt object and the evidence that the accused was the last person seen with the deceased, established a prima facie case under section 306 of the Criminal Procedure Code; the accused was therefore required to be put on his defence.

Source excerpt

• Murder
• Prima facie case
• Case to answer
• Last seen doctrine
• Defence hearing
• Burden on prosecution

Republic v Mumbi & another

Republic v Mumbi & another (Criminal Case E011 of 2023) [2026] KEHC 12675 (KLR) (29 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case E011 of 2023

Judge

["JN Kamau"]

After considering the Prosecution evidence and the 2nd accused’s written submissions, the court found that a prima facie case had been established against the 2nd accused person and therefore ordered her to be put on her defence.

Source excerpt

• Plea bargaining
• Case to answer
• Prima facie case
• Prosecution closure of case
• Accused placed on defence

Director of Public Prosecution v Motari

Director of Public Prosecution v Motari (Criminal Case E012 of 2025) [2026] KEHC 13268 (KLR) (28 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case E012 of 2025

Judge

["TW Cherere"]

The High Court at Nyamira found a prima facie case against Joseph Momanyi Motari in a murder charge and placed him on his defence under section 306(2).

• Murder
• Prima facie case
• Case to answer
• Section 306(2) criminal procedure code
• No case to answer ruling
• Prima-facie-case

Republic v Kiiru

Republic v Kiiru (Criminal Case 2 of 2020) [2026] KEHC 11506 (KLR) (28 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case 2 of 2020

Judge

["PN Gichohi"]

After considering the evidence of the four prosecution witnesses, the court found the prosecution had established a case to answer and ordered the accused to enter his defence.

Source excerpt

• Murder charge
• Case to answer
• Defense stage
• Prima facie case

Republic v Kingori (Sexual Offence E061 of 2025)

Republic v Kingori (Sexual Offence E061 of 2025) [2026] KEMC 357 (KLR) (27 July 2026) (Ruling)

Court

Magistrate's Court

Case number

Sexual Offence E061 of 2025

Judge

["MM Gituma"]

The court considered the prosecution evidence and the accused’s submissions, found that a prima facie case had been established, and therefore held that the accused has a case to answer.

Source excerpt

• Prima facie case
• Case to answer
• Defence hearing

Republic v Kimuyu

Republic v Kimuyu (Criminal Case E018 of 2023) [2026] KEHC 11521 (KLR) (24 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case E018 of 2023

Judge

["JN Onyiego"]

The prosecution adduced sufficient evidence, including testimony that the accused admitted killing the deceased and evidence that the accused was seen pursuing the deceased while armed with a knife, which established a prima facie case of murder and justified putting the accused on his defence under section 306 of the Criminal Procedure Code.

Source excerpt

• Murder
• Prima facie case
• Case to answer
• Close of prosecution case
• Section 306 criminal procedure code
• Section 211 criminal procedure code

Republic v Abajobir

Republic v Abajobir (Criminal Case E004 of 2025) [2026] KEHC 11197 (KLR) (23 July 2026) (Ruling)

Court

High Court

Case number

Criminal Case E004 of 2025

Judge

["FR Olel"]

The prosecution evidence, taken at its highest, established a prima facie case because the accused and deceased were the only persons on duty, the deceased was found stabbed shortly after commotion was heard, the accused was absent from the scene, medical evidence confirmed a fatal stab wound, and police investigations linked the accused to the incident. The court therefore found that the accused had a case to answer and placed him on his defence.

Source excerpt

• Murder
• Prima facie case
• Case to answer
• Section 211 criminal procedure code
• Post-mortem evidence
• Last seen doctrine

Republic v Wafula

Republic v Wafula (Criminal Case E124 of 2024) [2026] KEMC 334 (KLR) (22 July 2026) (Ruling)

Court

Magistrate's Court

Case number

Criminal Case E124 of 2024

Judge

["RN Maloba"]

The prosecution evidence, taken at its highest and weighed against the applicable test for a prima facie case, was sufficient to require an answer from the accused; the court therefore found that a prima facie case had been established and placed the accused on his defence under section 211 of the Criminal Procedure Code.

Source excerpt

• Assault occasioning actual bodily harm
• Prima facie case
• Case to answer
• Accused right to silence
• Defence stage under section 211 cpc