[2017] KEHC 4821 (KLR)
The court found that the evidence adduced by the eight prosecution witnesses, when considered in totality, sufficiently disclosed a prima facie case against the accused as defined in Bhatt v Republic (1957) EA 332. The court was satisfied that the threshold under Section 306(2) of the Criminal Procedure Code had...
Source-derived case information.
- Citation
- [2017] KEHC 4821 (KLR)
- Parties
- Respondent: Republic; Defendant: Alex Kipngetich Kibet alias Kipmwetich
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CW Githua
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Alex Kipngetich Kibet alias Kipmwetich
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced meets the threshold under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the evidence adduced by the eight prosecution witnesses, when considered in totality, sufficiently disclosed a prima facie case against the accused as defined in Bhatt v Republic (1957) EA 332. The court was satisfied that the threshold under Section 306(2) of the Criminal Procedure Code had been met, warranting the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 64 OF 2011
REPUBLIC....................................................................PROSECUTOR
VERSUS
ALEX KIPNGETICH KIBET ALIAS KIPMWETICH...........ACCUSED
RULING
1. The accused Alex Kipngetich Kibetalias Kipmwetich faces a charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on the night of 16th and 17th September, 2011 at Cheburet village Marakwet West District of the Rift Valley province, jointly with others not before the court, the accused murdered Joseph Kigen Banwa. He denied the charges.
2. In support of its case, the prosecution called a total of eight witnesses. The court record shows that the trial started before Hon. Mshila J on 20th March, 2012. She heard five witnesses- before she was transferred to another court. When I took over the trial on 22nd October, 2014 the accused elected under Section 200(3) of the Criminal Procedure Code that the case should be heard afresh. I then ordered that the case should start denovo.
Thereafter,I heard all the eight prosecution witnesses.
3. At the close of the prosecution case, learned prosecuting counsel Ms. Kigegi opted not to make any submissions under Section 306 (1) of the Criminal Procedure Code. She chose to rely on the evidence on record. Learned counsel for the accused Mr. Miyienda made oral submission contending that the prosecution had failed to establish a prima facie case against the accused.
4. I have considered all the evidence tendered by the eight prosecution witnesses and the oral submissions made by Mr. Miyienda for the accused.
I am satisfied that the evidence on record sufficiently discloses a prima facie case against the accused as defined in Bhatt V Republic (1957) EA 332.
I therefore find that the accused has a case to answer and he is accordingly put on his defence under Section 306 (2) of the Criminal Procedure Code.
Orders accordingly.
C. W GITHUA
JUDGE
DATED, SIGNED and DELIVERED at ELDORET this 7th day of June 2017
In the presence of:-
Accused
Mr. Muchiri for the state
Mr. Miyienda for the accused
Mr. Lobolia court clerk