1. The accused persons herein, David Onyango Aluoch alias Onyash, Stephen Oduor Waga and Richard Onyango, have been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the 24 th day of December 2024 at around 2245 hours at Uloma Kodero Sub Location, in South Alego Location, in Siaya Sub County, within Siaya County murdered Charles Ngonga Oneya.
2. The accused persons denied the charges, and thus a trial commenced in earnest wherein the prosecution called ten (10) witnesses in support of its case.
3. The prosecution’s case is that on the material date Charles Owogo Ochome (PW1) had sent the deceased herein who was one of his workers and who served as a driver to go to Bondo town to pick up a KPLC technician to come and fix an electric fault within his estate. He was later alerted by his care taker one Alex Otieno Otieno (PW2) that they had been attacked by irate villagers and that the deceased’s whereabouts were unknown. That the following day, they went in search of the deceased and that his body was later recovered from river Yala on 28/12/2024. It was the evidence of PW2 that while the KPLC technician was sorting out the electric fault at the pole, the three accused herein turned up and accused them as thieves in the area and then proceeded to seize the technician’s tools as they attacked the technician and deceased and that the technician managed to escape with his employer’s vehicle as he dashed to safety and that he saw the accused persons escorting the deceased towards river Yala. The said PW2 further added that they kept on searching for the decased and that they saw bloodstains at the river bridge and later recovered the body from the river and which had a cut wound on the mouth and that one testicle was missing while the head had some dents. The area chief John Okinyi Adhiambo (PW3) stated that the 1 st accused herein called him to say that they had apprehended three suspects who were engaged in theft of KPLC wires and that he advised him to hold them as he engaged the police but later the said 1 st accused informed him that the suspects had escaped but had left behind their tools and car keys. He further added that they later recovered the body from river Yala and that the 1 st accused who was in possession of the items was placed in custody. No.212870 Cpl Wilson Imala (retired) (PW4) testified that during night patrol duties, the 1 st accused called him and claimed that they had found somebody atop a KPLC pole near river Yala and that the said suspect had climbed down and escaped leaving behind his tools. That he instructed him to retain the items and that the following day he brought the items to the police post. Cliffins Otieno Adinda (PW5) was the electrician from KPLC and who stated that they were ambushed by the 1 st accused and his group who seized his climbing gear and boots and copper wires and that he was forced to use the deceased’s employer’s vehicle to escape the wrath of the assailants. He produced the items as exhibits 1 and 2. Edwin Ochieng Ngonga (PW6) was a brother to the deceased and who stated that he was part of the search team and that the body was recovered from the river and which had the front teeth missing as well as the tongue.
4. The body of the deceased was later examined during an autopsy conducted by Dr Okongo Eric (PW7) on 28/12/2024 who noted that the jaw was crashed and that there were cracks on the head right temporal region. That the brain showed advanced stage of decomposition and that he formed the opinion that the cause of death was cardiovascular failure secondary to blunt head and chest trauma. He produced the autopsy report as exhibit 3.
5. It was the evidence of No. 85551 Pc Caleb Simbiri (PW8) who stated that he was a crime scene officer and that he took photographs of mv reg No. KBM 362 make Toyota Hilux and that he later visited the scene which at river Yala where the body of the deceased was discovered and took several photographs which he produced as exhibit 5 as well as the certificate (exhibit 4).
6. It was the evidence of Alloys Owino Olucho (PW9) who stated that on 24/12/2024 he was at a certain bar when the 1 st accused herein called him and requested him to accompany him somewhere in order to see something. That he complied and they went and found an electrician who was climbing an electricity pole around midnight and that the 1 st accused directed him to go back to the bar and alert members of public to come to the scene. That he came back with members of public and found a certain vehicle whose headlights were being used to direct light toward the electric pole. That the crowd confronted the driver and assaulted him forcing him to run away. That the accused herein were not part of the assailants but that the 1 st accused retained the items recovered at the scene. That he was also arrested and placed in the cells. That the driver managed to run towards river Yala and could not tell if he managed to get refuge in the water or the bush.
7. No. 76603 Cpl Diba Halake(PW10) was the investigating officer in the matter. That he took over the matter on 25/12/2024 after Charles Ochome (PW1) made a report of a missing person who was his driver. That the reportee stated that his caretaker and driver plus the technician were attacked by a large group who comprised the three accused herein and others. That he received the item recovered at the scene which comprised of a safety belt, ignition key and climbing gear. That he learnt that the suspects had claimed that the deceased was among the thieves vandalizing electricity cables in the area. That the accused persons were linked to the murder through the exhibits recovered from them and that they were at the scene.
8. At the close of the prosecution’s case, both learned counsels opted to rely on the evidence adduced as regards the issue of whether the prosecution has established a prima facie case against the accused persons herein.
9. At this stage of the proceedings, the prosecution was under a duty to establish a prima facie case against the two accused herein so as to warrant them to be placed on their 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 n silent in defence. See Bhat Vs Republic [1957] EA 332.
10. After analyzing the entire evidence adduced at this stage of the proceedings, I find that the evidence of PW2, PW3, PW4, PW5 and PW9 has placed the three accused persons at the scene of crime. That being the position, they must now offer an explanation as to how the deceased met his death.
11. In view of the foregoing observations, it is my finding that the prosecution has established a prima facie case against all three accused herein to require them to be called upon to make a defence. Consequently, I find that each accused herein David Onyango Aluoch alias Onyash, Stephen Oduor Waga and Richard Onyango have a case to answer and are now called upon to elect to conduct their defence in accordance with the provisions of section 306(2) of the Criminal Procedure Code.
Dated and delivered at Siaya, this 11 th day of May 2026
D.KEMEI
JUDGE
In the presence of :
DAVID Onyango Aluoch alia Onyash ............1 st Accused
Stephen Oduor Waga..................................2 nd Accused
Richard Onyango...............................................3 rd Accused
Odhiambo........................................................for 1 st and 2 nd Accused
Odhiambo for M/s Onono...................................for 3 rd Accused
Soita....................................................................for Prosecution
M/s Mourine..........................................Court Assistant
ruling siaya hccr e001 of 20257
2. The accused persons denied the charges, and thus a trial commenced in earnest wherein the prosecution called ten (10) witnesses in support of its case.
3. The prosecution’s case is that on the material date Charles Owogo Ochome (PW1) had sent the deceased herein who was one of his workers and who served as a driver to go to Bondo town to pick up a KPLC technician to come and fix an electric fault within his estate. He was later alerted by his care taker one Alex Otieno Otieno (PW2) that they had been attacked by irate villagers and that the deceased’s whereabouts were unknown. That the following day, they went in search of the deceased and that his body was later recovered from river Yala on 28/12/2024. It was the evidence of PW2 that while the KPLC technician was sorting out the electric fault at the pole, the three accused herein turned up and accused them as thieves in the area and then proceeded to seize the technician’s tools as they attacked the technician and deceased and that the technician managed to escape with his employer’s vehicle as he dashed to safety and that he saw the accused persons escorting the deceased towards river Yala. The said PW2 further added that they kept on searching for the decased and that they saw bloodstains at the river bridge and later recovered the body from the river and which had a cut wound on the mouth and that one testicle was missing while the head had some dents. The area chief John Okinyi Adhiambo (PW3) stated that the 1 st accused herein called him to say that they had apprehended three suspects who were engaged in theft of KPLC wires and that he advised him to hold them as he engaged the police but later the said 1 st accused informed him that the suspects had escaped but had left behind their tools and car keys. He further added that they later recovered the body from river Yala and that the 1 st accused who was in possession of the items was placed in custody. No.212870 Cpl Wilson Imala (retired) (PW4) testified that during night patrol duties, the 1 st accused called him and claimed that they had found somebody atop a KPLC pole near river Yala and that the said suspect had climbed down and escaped leaving behind his tools. That he instructed him to retain the items and that the following day he brought the items to the police post. Cliffins Otieno Adinda (PW5) was the electrician from KPLC and who stated that they were ambushed by the 1 st accused and his group who seized his climbing gear and boots and copper wires and that he was forced to use the deceased’s employer’s vehicle to escape the wrath of the assailants. He produced the items as exhibits 1 and 2. Edwin Ochieng Ngonga (PW6) was a brother to the deceased and who stated that he was part of the search team and that the body was recovered from the river and which had the front teeth missing as well as the tongue.
4. The body of the deceased was later examined during an autopsy conducted by Dr Okongo Eric (PW7) on 28/12/2024 who noted that the jaw was crashed and that there were cracks on the head right temporal region. That the brain showed advanced stage of decomposition and that he formed the opinion that the cause of death was cardiovascular failure secondary to blunt head and chest trauma. He produced the autopsy report as exhibit 3.
5. It was the evidence of No. 85551 Pc Caleb Simbiri (PW8) who stated that he was a crime scene officer and that he took photographs of mv reg No. KBM 362 make Toyota Hilux and that he later visited the scene which at river Yala where the body of the deceased was discovered and took several photographs which he produced as exhibit 5 as well as the certificate (exhibit 4).
6. It was the evidence of Alloys Owino Olucho (PW9) who stated that on 24/12/2024 he was at a certain bar when the 1 st accused herein called him and requested him to accompany him somewhere in order to see something. That he complied and they went and found an electrician who was climbing an electricity pole around midnight and that the 1 st accused directed him to go back to the bar and alert members of public to come to the scene. That he came back with members of public and found a certain vehicle whose headlights were being used to direct light toward the electric pole. That the crowd confronted the driver and assaulted him forcing him to run away. That the accused herein were not part of the assailants but that the 1 st accused retained the items recovered at the scene. That he was also arrested and placed in the cells. That the driver managed to run towards river Yala and could not tell if he managed to get refuge in the water or the bush.
7. No. 76603 Cpl Diba Halake(PW10) was the investigating officer in the matter. That he took over the matter on 25/12/2024 after Charles Ochome (PW1) made a report of a missing person who was his driver. That the reportee stated that his caretaker and driver plus the technician were attacked by a large group who comprised the three accused herein and others. That he received the item recovered at the scene which comprised of a safety belt, ignition key and climbing gear. That he learnt that the suspects had claimed that the deceased was among the thieves vandalizing electricity cables in the area. That the accused persons were linked to the murder through the exhibits recovered from them and that they were at the scene.
8. At the close of the prosecution’s case, both learned counsels opted to rely on the evidence adduced as regards the issue of whether the prosecution has established a prima facie case against the accused persons herein.
9. At this stage of the proceedings, the prosecution was under a duty to establish a prima facie case against the two accused herein so as to warrant them to be placed on their 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 n silent in defence. See Bhat Vs Republic [1957] EA 332.
10. After analyzing the entire evidence adduced at this stage of the proceedings, I find that the evidence of PW2, PW3, PW4, PW5 and PW9 has placed the three accused persons at the scene of crime. That being the position, they must now offer an explanation as to how the deceased met his death.
11. In view of the foregoing observations, it is my finding that the prosecution has established a prima facie case against all three accused herein to require them to be called upon to make a defence. Consequently, I find that each accused herein David Onyango Aluoch alias Onyash, Stephen Oduor Waga and Richard Onyango have a case to answer and are now called upon to elect to conduct their defence in accordance with the provisions of section 306(2) of the Criminal Procedure Code.
Dated and delivered at Siaya, this 11 th day of May 2026
D.KEMEI
JUDGE
In the presence of :
DAVID Onyango Aluoch alia Onyash ............1 st Accused
Stephen Oduor Waga..................................2 nd Accused
Richard Onyango...............................................3 rd Accused
Odhiambo........................................................for 1 st and 2 nd Accused
Odhiambo for M/s Onono...................................for 3 rd Accused
Soita....................................................................for Prosecution
M/s Mourine..........................................Court Assistant
ruling siaya hccr e001 of 20257