Dr. John Nyamu and two nurses, M. Kibathi and M. Mathai, were charged with murdering an unidentified female fetus and an unidentified male fetus under Sections 203 and 204 of the Kenya Penal Code. The accused argued that the State did not provide any evidence that they committed murder and requested the court to vacate the claim. The lower court declined, noting that while it could be appropriate for a subordinate court to end the case at that stage, a High Court was expected to ensure that the defense accounted for any gaps in the State’s case.