Republic v Maware alias Moi & 2 others [2025] KEHC 3450 (KLR)

Republic v Maware alias Moi & 2 others (Criminal Case (MURDER) E027 of 2023) [2025] KEHC 3450 (KLR) (21 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3450 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case (MURDER) E027 of 2023

DK Kemei, J

March 21, 2025

Between

Republic

Prosecution

and

Benard Otieno Maware alias Moi

1st Accused

Joshua Adera Atwa alias Adani

2nd Accused

Naftali Okeyo Mawere

3rd Accused

Ruling

1. The three accused herein Benard Otieno Mawere alias Moi, Joshua Adera Atwa alias Adani and Naftali Okeyo Mawere have been charged with an offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on the 1st day of August 2023 at around 1930 hours at Yenga village Central Sakwa Location in Bondo Sub County within Siaya County jointly murdered one Daniel Ochieng Onyala.

2. The prosecution called five witnesses in support of its case.

3. At this stage of the proceedings, the prosecution is under a duty to establish a prima facie case against the accused persons herein so as to warrant them to be called upon to make a defence. A prima facie case has been described as one in which a reasonable tribunal directing its mind to the law and evidence placed before it can convict an accused if no evidence is offered by the defence to the contrary. In a nutshell, what this means is that the evidence so far tendered at this stage by the prosecution should be sufficient to sustain a conviction against the three accused persons herein were they to elect to remain silent in defence. See Bhatt v R [1957] EA 334.

4. The prosecution’s case is that on the material date, the deceased was assaulted near his home by the three accused persons herein. The evidence of PW2 clearly placed all the three accused at the scene of crime. Having been placed at the scene of crime, i find that they must now offer an explanation as to how the deceased met his death.

5. In view of the foregoing observations, it is my finding that the prosecution has established a prima facie case against the three accused persons to require them to be called upon to make a defence. Consequently, I find that each of the accused persons herein has a case to answer and are now called upon to elect to conduct their defence in line with the provisions of Section 306 (2) of the Criminal Procedure Code.

DATED AND DELIVERED AT SIAYA THIS 21ST DAY OF MARCH, 2025. D. KEMEIJUDGEIn the presence of:-Benard Otieno …… 1st AccusedJoshua Adera ………… 2nd AccusedNaftali Okeyo Mawere …… 3rd AccusedOdhiambo/Owenga …… for all AccusedSoita ………… for ProsecutionMboya ………… Court Assistant