1. The accused persons are jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, the particulars being that on 20th June 2024 at Nyamatuta Village, Bonyegwe II Sub-location in Nyamira North Sub-County within Nyamira County, they jointly murdered Henry Kenagwa Ndege alias George.
2. The prosecution called five witnesses and thereafter closed its case. The issue for determination is whether a prima facie case has been established to warrant the accused persons being placed on their defence under section 306(2) of the Criminal Procedure Code.
3. The applicable test is as set out in Ramanlal T. Bhatt v R [1957] EA 332, namely whether there is evidence on which a reasonable tribunal, properly directing itself, could convict if no explanation is offered by the defence.
4. There is evidence on record as to the death of the deceased and the cause thereof from the medical evidence. There is also evidence placing the accused persons at the scene and suggesting their involvement in the events leading to the death of the deceased, as well as evidence relating to the subsequent investigations.
5. Without making any final determinations on the credibility or weight of that evidence, I am satisfied that the prosecution has established a prima facie case against both accused persons.
6. The accused persons are hereby placed on their defence under section 306(2) of the Criminal Procedure Code.
7. Accused persons are hereby informed of their right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent.
8. Defence Hearing on 14th July 2026
2. The prosecution called five witnesses and thereafter closed its case. The issue for determination is whether a prima facie case has been established to warrant the accused persons being placed on their defence under section 306(2) of the Criminal Procedure Code.
3. The applicable test is as set out in Ramanlal T. Bhatt v R [1957] EA 332, namely whether there is evidence on which a reasonable tribunal, properly directing itself, could convict if no explanation is offered by the defence.
4. There is evidence on record as to the death of the deceased and the cause thereof from the medical evidence. There is also evidence placing the accused persons at the scene and suggesting their involvement in the events leading to the death of the deceased, as well as evidence relating to the subsequent investigations.
5. Without making any final determinations on the credibility or weight of that evidence, I am satisfied that the prosecution has established a prima facie case against both accused persons.
6. The accused persons are hereby placed on their defence under section 306(2) of the Criminal Procedure Code.
7. Accused persons are hereby informed of their right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent.
8. Defence Hearing on 14th July 2026