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Republic v Paade & another [2025] KEHC 10540 (KLR)
The High Court at Busia found a prima facie case against two accused persons in a murder trial and put them on their defence.
Republic v Nyongesa Kundu alias Sammy [2025] KEHC 8679 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Samuel Nyongesa Kundu alias Sammy, as he was the last person to interact with the deceased before her disappearance and subsequent death. The evidence presented by the prosecution, including witness testimony and the circumstances of the deceased's discovery, was sufficient to require the accused to offer a defence. Accordingly, the court ruled that the accused has a case to answer and must proceed to the defence stage of the trial.
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Republic v Musasia & 3 others [2025] KEHC 8402 (KLR)
The court found that the prosecution, through the testimony of PW4, had adduced evidence placing the accused persons at the scene where the deceased was found dead. The witness described hearing the deceased being beaten, seeing the accused at the scene, and subsequently discovering the deceased's body. This evidence, if believed, would be sufficient to require the accused to offer an explanation. Accordingly, the court held that a prima facie case had been established against all four accused persons, warranting that they be placed on their defence in accordance with Section 306(2) of the Cr…
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Republic v Ndwiki [2025] KEHC 4632 (KLR)
The accused's right to a fair trial, as enshrined in the Constitution and amplified by Section 200(3) of the Criminal Procedure Code, includes the right to recall prosecution witnesses for cross-examination when a trial is continued by a succeeding judge, unless the prosecution demonstrates that the requested witnesses are genuinely unavailable.
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Republic v Bushuru alias Robert Bushuru & another [2025] KEHC 4240 (KLR)
There is sufficient evidence connecting the two accused persons to the fatal injuries sustained by the deceased.
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Republic v Osyolo [2025] KEHC 7806 (KLR)
The court found that the prosecution's evidence, including the pathologist's report attributing the cause of death to assault and indirect evidence implicating the accused, was sufficient to establish a prima facie case. Consequently, the accused was placed on his defence in accordance with the requirements of Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence, if uncontroverted, could support a conviction, thus necessitating the accused to respond to the case against him.
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Karundito v Republic [2025] KEHC 1046 (KLR)
The High Court declined to start a murder trial de novo after a judge transfer, holding that section 200 CPC gives discretion, not an automatic right.
Republic v Oketch [2025] KEHC 2291 (KLR)
The court found that the prosecution had presented sufficient evidence linking the accused to the fatal stab wound, thereby establishing a prima facie case.
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Republic v Omukhuba & 3 others [2024] KEHC 15860 (KLR)
The court found that the prosecution had failed to adduce any evidence regarding the circumstances leading to the death of Thomas Obulinji Okwach alias Abel (Count I), and therefore acquitted all accused persons on that count. For Count II, the court found that a prima facie case had been established against Accused 1, 3, and 4, as several witnesses placed them at the scene of the attack on Stephen Okwomi Ashibende. However, there was no evidence connecting Accused 2 to the killing of Stephen Okwomi Ashibende, and he was acquitted on Count II as well. The court accordingly placed Accused 1, 3…
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Republic v Dangwali [2024] KEHC 15225 (KLR)
The High Court at Kakamega declined the prosecution’s bid to transfer a long-pending murder case to Vihiga, citing delay and the accused’s right to a speedy trial.
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