Kenya Case Law

Republic v Masinde alias Micah Wafula Barasa

Republic v Masinde alias Micah Wafula Barasa [2025] KEHC 9896 (KLR)

Court

High Court

Case number

Criminal Case E004 of 2022

Judge

RK Limo

The court found that the prosecution's evidence was insufficient to establish a prima facie case against the accused. The only direct evidence was from the Doctor regarding the cause of death, but there was no admissible evidence linking the accused to the offence. The investigating officer's testimony relied on information from an alleged eyewitness who was not called to testify, rendering the evidence hearsay and inadmissible. The civilian witness (PW2) did not witness the murder and could not identify the perpetrator. As a result, the court held that the prosecution failed to meet the thre…

Source excerpt

• Murder
• Standard Of Proof
• No Case To Answer
• Hearsay Evidence

Republic v Kibet

Republic v Kibet [2025] KEHC 5333 (KLR)

Court

High Court

Case number

Criminal Case E036 of 2022

Judge

RN Nyakundi

The court found that the prosecution had adduced evidence from six witnesses, including eyewitnesses and medical testimony, establishing the fact of death, the cause of death by unlawful act, and the accused's alleged involvement. The evidence, if believed, was sufficient to establish a prima facie case of murder as defined under section 203 of the Penal Code. Applying the principles from Ramanlal Trambaklal Bhatt v R and R v Galbraith, the court held that the prosecution had met the threshold under section 306 of the Criminal Procedure Code. Therefore, the accused was required to be put on h…

Source excerpt

• Murder
• Prima Facie Case
• Burden Of Proof
• No Case To Answer
• Malice Aforethought

Republic v Tuwei

Republic v Tuwei [2025] KEHC 4017 (KLR)

Court

High Court

Case number

Criminal Application E001 of 2024

Judge

RN Nyakundi

A prima facie case for the offence of murder has been established based on the prosecution's evidence, requiring the accused to present his defence.

Source excerpt

• Murder
• Prima Facie Case
• Burden Of Proof
• No Case To Answer

Republic v Githaiga

Republic v Githaiga [2025] KEHC 3253 (KLR)

Court

High Court

Case number

Criminal Case E031 of 2020

Judge

JM Nang'ea

A prima facie case was established based on the prosecution's evidence, meeting the legal threshold to put the accused on his defense.

Source excerpt

• Murder
• Prima Facie Case
• No Case To Answer
• Criminal Procedure

Republic v Githaiga

Republic v Githaiga [2025] KEHC 17149 (KLR)

Court

High Court

Case number

Criminal Case E031 of 2020

Judge

JM Nang'ea

The High Court in Nakuru found that the prosecution had established a prima facie case in this murder trial and put the accused on his defence.

• Murder
• Prima Facie Case
• No Case To Answer
• Criminal Procedure
• Prima-facie-case
• No-case-to-answer

Republic v Bett

Republic v Bett [2024] KEHC 14296 (KLR)

Court

High Court

Case number

Criminal Case E041 of 2016

Judge

RN Nyakundi

The High Court at Eldoret found no prima facie case in a murder charge, holding that the prosecution had not linked the accused to the death and acquitting him.

• Murder
• Prima Facie Case
• Burden Of Proof
• No Case To Answer
• No-case-to-answer
• Prima-facie-case

Republic v Nyaga

Republic v Nyaga [2024] KEHC 6714 (KLR)

Court

High Court

Case number

Criminal Appeal E004 of 2023

Judge

WM Musyoka

The High Court could not determine this criminal appeal because the trial record and record of appeal were missing. It directed filing of the relevant records and retrieval of the original files.

• Appeal Record Management
• No Case To Answer
• Trial Procedure Irregularities
• Criminal-appeal
• Record-of-appeal
• Trial-record

Republic v Noor

Republic v Noor [2024] KEHC 4404 (KLR)

Court

High Court

Case number

Criminal Appeal E028 of 2023

Judge

JN Onyiego

The High Court found that the prosecution's evidence was insufficient to establish a prima facie case against the respondent. Key prosecution witnesses, including police officers present at the scene, did not witness the alleged assault, and there were material contradictions between their testimonies and those of the complainant and other witnesses. The evidence regarding the identification of the assailant was doubtful, and the injuries sustained by the complainant could not be conclusively attributed to the respondent. The court held that the contradictions and inconsistencies in the prose…

Source excerpt

• Prima Facie Case
• Burden Of Proof
• No Case To Answer
• Assessment Of Evidence
• Contradictory Testimony

Republic v Karisa & another

Republic v Karisa & another [2024] KEHC 2786 (KLR)

Court

High Court

Case number

Criminal Case 2 of 2018

Judge

A. Ong’injo

The High Court at Mombasa found a prima facie case against two accused persons in a murder trial and ordered them to defend themselves.

• Murder
• Prima Facie Case
• No Case To Answer
• Criminal Procedure
• Prima-facie-case
• No-case-to-answer

Republic v Nyaga

Republic v Nyaga [2024] KEHC 1352 (KLR)

Court

High Court

Case number

Criminal Appeal E004 of 2023

Judge

WM Musyoka

The High Court adjourned a criminal appeal because the trial record was incomplete, preventing review of the no-case-to-answer ruling.

• Appeal Record
• No Case To Answer
• Trial Procedure
• Criminal-appeal
• Appeal-record
• No-case-to-answer