1. The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 27th September 2025 at A.I.C Village, Kenyoro Sub-location, Itibo Location in Nyamira North Sub-County within Nyamira County, he murdered Agnes Moraa Monda.
2. The prosecution called seven witnesses and thereafter closed its case. At this stage, the court is required to determine whether the evidence placed before it meets the threshold to call upon the accused to make his defence under section 306(2) of the Criminal Procedure Code. The applicable test is whether the evidence, if unchallenged, could sustain a conviction, as stated in Ramanlal T. Bhatt v R [1957] EA 332.
3. The record contains medical evidence on the death of the deceased and its cause. There is also evidence touching on the events of the material day, the relationship between the accused and the deceased, and the circumstances under which the deceased was later found, together with evidence arising from the subsequent investigations.
4. Without making any final findings on the credibility or weight of that evidence, I am satisfied that it discloses a case requiring an answer. I therefore find that a prima facie case has been established against the accused.
5. The accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Code and is informed of his right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent.
2. The prosecution called seven witnesses and thereafter closed its case. At this stage, the court is required to determine whether the evidence placed before it meets the threshold to call upon the accused to make his defence under section 306(2) of the Criminal Procedure Code. The applicable test is whether the evidence, if unchallenged, could sustain a conviction, as stated in Ramanlal T. Bhatt v R [1957] EA 332.
3. The record contains medical evidence on the death of the deceased and its cause. There is also evidence touching on the events of the material day, the relationship between the accused and the deceased, and the circumstances under which the deceased was later found, together with evidence arising from the subsequent investigations.
4. Without making any final findings on the credibility or weight of that evidence, I am satisfied that it discloses a case requiring an answer. I therefore find that a prima facie case has been established against the accused.
5. The accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Code and is informed of his right to give sworn evidence, make an unsworn statement, call witnesses, or to remain silent.