[2014] KEHC 4382 (KLR)
The court found that the prosecution's evidence, particularly the circumstantial evidence placing the accused at the scene and his conduct of fleeing immediately after the incident, was sufficient to establish a prima facie case. The court held that there was cogent circumstantial evidence linking the accused to the...
Source-derived case information.
- Citation
- [2014] KEHC 4382 (KLR)
- Parties
- Respondent: Republic; Defendant: Bernard Kipchirchir Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2010
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- accused placed on his defence
- Judges
- JK Sergon
- Legal Topics
- Murder, Circumstantial Evidence, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Bernard Kipchirchir Rono
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
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 circumstantial evidence adduced sufficiently links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the circumstantial evidence placing the accused at the scene and his conduct of fleeing immediately after the incident, was sufficient to establish a prima facie case. The court held that there was cogent circumstantial evidence linking the accused to the offence of murder, and therefore, the accused should be placed on his defence to answer the charge. The decision was based on the legal standard that an accused should be put on his defence if the prosecution's evidence, taken at its highest, could reasonably lead to a conviction if uncontradicted.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence and shall indicate whether he will testify and/or call witnesses.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.18 OF 2010
REPUBLIC - PROSECUTOR
VERSUS
BERNARD KIPCHIRCHIR RONO - ACCUSED
RULING
Bernard Kipchirchir Rono, the accused person herein, is before this court on the information of the Honourable Attorney General dated 8th November 2010 duly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The prosecution summoned 12 (twelve) witnesses to testify in support of its case. At the close of the prosecution’s case learned counsels from both sides were invited to make submissions on whether or not the accused had a case to answer.
I have considered the evidence presented by the prosecution and the rival submissions. It is clear from the evidence that the accused was placed at the scene of crime during the fateful night. The accused was seen fleeing the scene of crime immediately after the deceased had been injured. In sum there is cogent circumstantial evidence linking the accused with the offence of murder. For the above reasons, the accused is placed on his defense. It is now upon him and his legal advisers to state whether or not he would personally testify. If yes, whether or not he would tender sworn evidence. The accused should further indicate whether or not he would summon witnesses.
Dated, signed and delivered in open court at Kericho this 16th day of May 2014.
J. K. SERGON
JUDGE
In the presence of:
- Miss. Kivali for Director of Public Prosecution
- Mr. Miruka for Accused
- Accused: present in person