[2014] KEHC 4320 (KLR)
After reviewing the evidence of the ten prosecution witnesses, the court found that the accused was sufficiently linked to the offence of murder. The evidence established a prima facie case against the accused, thereby necessitating that he be placed on his defence in accordance with Section 306 of the Criminal...
Source-derived case information.
- Citation
- [2014] KEHC 4320 (KLR)
- Parties
- Applicant: Republic; Defendant: Andrew Cheruiyot Chepkwony
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to be placed on his defence.
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Andrew Cheruiyot Chepkwony
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 to require the accused to be put on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
After reviewing the evidence of the ten prosecution witnesses, the court found that the accused was sufficiently linked to the offence of murder. The evidence established a prima facie case against the accused, thereby necessitating that he be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The court directed the accused to indicate whether he would testify and whether he would call any witnesses, as required by law at this stage of the proceedings.
Court Disposition
Accused found to have a case to answer and ordered to be placed on his defence.
Orders
- The accused is placed on his defence.
- The accused and his counsel to inform the court whether he will testify and whether he will call witnesses.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.12 OF 2009
REPUBLIC - PROSECUTOR
VERSUS
ANDREW CHERUIYOT CHEPKWONY - ACCUSED
RULING
The accused herein, Andrew Cheruiyot Chepkwony is before this court on trial for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 29th day of January 2006 at around 4. 00 p.m. at Chepkolon village in Njerian Location Bomet District of Rift Valley Province murdered Jackson Kibet Ngeno. A total of ten (10) witnesses testified after which the prosecution closed its case.
Pursuant to the provisions of Section 306 of the Criminal Procedure Code, learned counsels appearing in this case were invited to submit on whether or not there is a case to answer on the part of the accused. Mr. Mutai, learned Senior Prosecution Counsel did not make any submissions but urged this court to consider the evidence and come up with its decision. On the other Mr. Ochieng, learned advocate for the accused, did not appear in court on the date fixed for submissions. I carefully considered the evidence of the ten prosecution witnesses. The sum total of the evidence is that the accused person is linked as the person who committed the offence. Consequently, I order that the accused person be placed on his defence. It is now upon him and his legal advisors to inform this court first, whether he would personally testify and if yes whether he will give sworn or unsworn testimony. Secondly, whether or not he will be summoning independent witnesses.
Dated, signed and delivered in open court at Kericho this 6th day of June 2014
J. K. SERGON
JUDGE
In the presence of:
Miss. Kivali for Director of Public Prosecutions
N/A for Ochieng for accused
Accused: present in person
COURT:
Mention on 17th June 2014 for the accused to state how he will undertake his defence. Hearing Notice to issue upon Mr. Ochieng.
J. K. SERGON
JUDGE
6TH JUNE 2014