[2023] KEHC 27013 (KLR)
The court found that the prosecution had established a prima facie case against the accused for the offence of murder. The evidence, though circumstantial, placed the accused at the scene and indicated motive and opportunity. The post-mortem confirmed the cause of death as burns from hot liquids, and witness...
Source-derived case information.
- Citation
- [2023] KEHC 27013 (KLR)
- Parties
- Applicant: Republic; Defendant: Mercy Chepchirchir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on her defence.
- Judges
- JK Sergon
- Legal Topics
- Murder, Prima Facie Case, Malice Aforethought, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mercy Chepchirchir
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the evidence presented is sufficient to require the accused to be put on her defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused for the offence of murder. The evidence, though circumstantial, placed the accused at the scene and indicated motive and opportunity. The post-mortem confirmed the cause of death as burns from hot liquids, and witness testimony established that the accused and deceased were not on good terms. The accused was seen boiling water and returning with an empty sufuria shortly before the incident. Although no witness saw the accused commit the act, the totality of the evidence pointed to her as the only person who could have committed the offence. Therefore, the accused was found to have a case to answer...
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- The accused is placed on her defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Chepchirchir (Criminal Case 36 of 2019) [2023] KEHC 27013 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27013 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 36 of 2019
JK Sergon, J
December 14, 2023
Between
Republic
Prosecutor
and
Mercy Chepchirchir
Accused
Ruling
1. Mercy Chepchirchir the Accused herein was charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. Particulars of the information dated 21st August, 2019, are that on 6th August, 2019 at Sitotwet Village, Kericho East Sub - County within Kericho County, the accused person murdered Rebbecca Keter.
2. The accused person was arrested on 14th August, 2019 charged with the instant offense and subsequently arraigned in court on 21st August, 2019. The accused person was subjected to a mental assessment on 16th August, 2019 and found to be mentally stable and fit to stand trial.
3. On 18th September, 2019 the accused person took plea and pleaded not guilty to the charge of murder.
4. The prosecution called eight (8) witnesses who testified in support of its case against the accused person herein. The prosecution closed its case and Mr. Koko the Learned Counsel representing the accused person requested to file written submissions on a no case to answer. The court directed him to file written submissions within seven (7) days. The Learned Counsel did not put in any written submissions.
5. I have considered the prosecution's case and I find that the prosecution has sufficiently proven the ingredients for the offence of murder i.e. that the accused unlawfully caused the death of the deceased and had malice aforethought. Pw. 4 Dr. Wesley Rotich the doctor performed a post mortem on the deceased and his findings were that the cause of death was hypovolemic shock due to extensive 2nd and 3rd degree burns caused by hot liquids. Pw. 7 the investigating officer stated that while conducting their investigations, they interrogated family members and recorded the statement of Desmond, the accused person's son who stated that on the material day, he saw the accused boiling water in a sufuria claiming she was preparing lunch, she removed the hot water and went with it and in a few minutes later returned with an empty sufuria. Several prosecution witnesses testified that the accused and deceased were not in good terms. Pw.7 also confirmed that his investigations revealed that the deceased and accused were not on good terms. Though none of the prosecution witnesses saw the accused assault the deceased, however, I find that there is circumstantial evidence that puts the Accused at the scene of crime and which points her as the only person who committed the offence.
6. Having considered the material placed before this Court, I am satisfied that the prosecution has established a prima facie case for the purposes of a finding that the accused person has a case. The Accused therefore has a case to answer.
7. I accordingly place the accused person on her defense.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 14TH DAY OF DECEMBER, 2023. J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiAccused – Present in PersonKoko for the Accused