[2019] KEHC 5258 (KLR)
The court found that the prosecution's evidence, particularly the testimony of the deceased's child (PW1) and the neighbour (PW2), credibly placed the accused at the scene of the crime and identified him as the perpetrator. The dying declaration by the deceased and the corroborative evidence of the minor were deemed...
Source-derived case information.
- Citation
- [2019] KEHC 5258 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Kibet Rono
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Murder Case 52 of 2015
- Procedural Posture
- Criminal Murder Case / Ruling on Case to Answer Under Section 306(1) of the Criminal Procedure Code
- Outcome
- Accused found to have a case to answer; ordered to be put on his defence.
- Judges
- JK Mulwa
- Legal Topics
- Murder, Prima Facie Case, Identification Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Kibet Rono
Defendant
Procedural Posture
Criminal Murder Case / Ruling on Case to Answer Under Section 306(1) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the identification of the accused as the perpetrator was credible and sufficient to proceed beyond the prosecution case.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the testimony of the deceased's child (PW1) and the neighbour (PW2), credibly placed the accused at the scene of the crime and identified him as the perpetrator. The dying declaration by the deceased and the corroborative evidence of the minor were deemed sufficient to establish a prima facie case. The presence of another person with the same first name did not create reasonable doubt at this stage. Consequently, the accused was found to have a case to answer and was called upon to defend himself in accordance with the law.
Court Disposition
Accused found to have a case to answer; ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and shall be called upon to defend himself in accordance with the law.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
ATNAKURU
CRIMINAL MURDER CASE NO.52 OF 2015
REPUBLIC....................PROSECUTOR
-VERSUS-
BENARD KIBET RONO.....ACCUSED
RULING
The accused was charged with the offence of murder of one Anne Cherotich deceased on the night of the 13th July 2015 contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty.
The prosecution called ten witnesses to prove that it has established a prima facie case to warrant the accused being placed on his defence, and it so submitted as required under Section 306(1) of the Criminal Procedure Code, Cap 75 Laws of Kenya.
The accused filed and highlighted very detailed submissions to persuade this court that no prima facie case has been established, and urge for acquittal, submitting that the investigative agencies filed to carry out credible investigations to establish the identity of the perpetrator of the crime as it was testified that there were two persons in the neighbourhood by the same name “Ben” who it was testified by PW1 and PW8 was the person who murdered the deceased.
I comment the accused’s advocate Mr. Nanda for the very well analysed prosecution witnesses evidence.
However, the witnesses and especially PW1, a minor and child to the deceased testified to have known and was able to identify the accused as the person who went into their house on that fateful night and pulled and pushed the deceased out from her bed and using a knife that he picked from her house knifed the deceased.
PW2 a neighbour who answered to the deceased’s children’s cry and screams went to answer the call and heard the deceased shout and say that “Benard has killed me.”
In its totality, the accused, bearing the name stated by the deceased before she succumbed to the knife injuries bears the name Bernard.
Evidence was adduced of there being another person by the same first name as that of the accused.
Upon investigations by the investigating officer, and with assistance of the neighbours, the accused was arrested and charged for the murder under Section 306(1) and (2) of the Criminal Procedure Code. Criminal Case No. 18 of 2015 R –vs- Alex Mwanzia Mutangili (2017) e KLR.
Upon analysis of the entire prosecution evidence I am satisfied that the accused is placed at the scene of the crime. It is upon him, on his defence to testify of his innocence, that he is not the Bernard who was referred to and identified by the minor PW1 as the assailant.
The upshot is that the accused is found to have a case to answer. He shall be called upon to defend himself in accordance with the law.
It is so ordered.
Dated, delivered and signed at Nakuru this 3rd Day of July 2019.
………………..
J.N. MULWA
JUDGE