1. EDWIN NYANGWONO MOMANYI, the accused person herein 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 02nd January 2023 at Nyakesengi One Village, Bokurati One Sub-location, Obwari Location, Nyamira North Sub-County within Nyamira County, jointly with others not before court, he murdered Bruno Okerio Nyamweya.
2. The prosecution called eight (8) witnesses in support of its case. Among them was PW6, Dr. Morebu Momanyi, who conducted a post mortem examination on the body of the deceased and confirmed the death of Bruno and its cause.
3. In Anthony Njue Njeru v Republic [2006] eKLR, the Court of Appeal stated that:
“A prima facie case is not one that must necessarily result in a conviction if uncontroverted; it is one which, if not controverted, might reasonably sustain a conviction.”
5. Having carefully considered the evidence on record, I am satisfied that the prosecution has established a prima facie case against the accused person requiring him to be placed on his defence.
6. Accordingly, I find that the accused has a case to answer and I hereby place him on his defence under section 306(2) of the Criminal Procedure Code.
7. The accused is informed of his right to give sworn evidence and be cross-examined, to give unsworn evidence, or to remain silent. He is also at liberty to call witnesses in his defence.
2. The prosecution called eight (8) witnesses in support of its case. Among them was PW6, Dr. Morebu Momanyi, who conducted a post mortem examination on the body of the deceased and confirmed the death of Bruno and its cause.
3. In Anthony Njue Njeru v Republic [2006] eKLR, the Court of Appeal stated that:
“A prima facie case is not one that must necessarily result in a conviction if uncontroverted; it is one which, if not controverted, might reasonably sustain a conviction.”
5. Having carefully considered the evidence on record, I am satisfied that the prosecution has established a prima facie case against the accused person requiring him to be placed on his defence.
6. Accordingly, I find that the accused has a case to answer and I hereby place him on his defence under section 306(2) of the Criminal Procedure Code.
7. The accused is informed of his right to give sworn evidence and be cross-examined, to give unsworn evidence, or to remain silent. He is also at liberty to call witnesses in his defence.