[2017] KEHC 7758 (KLR)
The court found that, based on the evidence of the seven prosecution witnesses and particularly the circumstantial evidence presented, the prosecution had established a prima facie case against the accused. The court was satisfied that the evidence, if unchallenged, would be sufficient to warrant a conviction....
Source-derived case information.
- Citation
- [2017] KEHC 7758 (KLR)
- Parties
- Applicant: Republic; Defendant: Chepkariang Lokadio
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on her defence.
- Judges
- K Kimondo
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chepkariang Lokadio
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
- 2 Whether the circumstantial evidence adduced is sufficient to link the accused to the offence of murder.
Ratio Decidendi
The court found that, based on the evidence of the seven prosecution witnesses and particularly the circumstantial evidence presented, the prosecution had established a prima facie case against the accused. The court was satisfied that the evidence, if unchallenged, would be sufficient to warrant a conviction. Accordingly, the accused was put on her defence in accordance with section 306(2) of the Criminal Procedure Code. The court relied on established legal principles regarding the sufficiency of circumstantial evidence and the threshold for a prima facie case as articulated in Bhatt v Republic and R v Kipkering arap Koske & another.
Court Disposition
Accused put on her defence.
Orders
- The accused is put on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 85 OF 2011
REPUBLIC..…...............................PROSECUTOR
VERSUS
CHEPKARIANG LOKADIO…...............ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on diverse dates between 16th November 2011 and 21st November 2011, at Kaitunga village, Loyamorok Location in East Pokot District, Baringo County of the Rift Valley Province, she murdered Yego Lokol.
3. She pleaded notguilty. The prosecution called sevenwitnesses. I have considered the circumstantial evidence surrounding the homicide in this case. I have in particular paid close attention to the evidence of PW1, PW2 and PW3. I have also considered the submissions by the learned prosecution counsel filed on 9th February 2017; and, those by the learned defence counsel filed on 10th February 2017.
4. On the summation of the evidence of the seven witnesses, I am persuaded that the Republic has established a prima facie case against the accused. See Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949).
5. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I put the accused on her defence.
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 21st day of February 2017.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. Tigoi for the accused.
Ms. B. Oduor for the Republic.
Mr. J. Kemboi, Court Clerk.