[2024] KEHC 5087 (KLR)
The court found that none of the prosecution witnesses directly witnessed the incident, and none mentioned the 2nd accused's name as being involved in the assault. The only evidence implicating the accused was hearsay, attributed to statements allegedly made by the deceased. The post mortem report confirmed the...
Source-derived case information.
- Citation
- [2024] KEHC 5087 (KLR)
- Parties
- Applicant: Republic; Defendant: Daisy Chepkemoi; Defendant: Charles Langat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2019
- Procedural Posture
- Criminal Case / Ruling on Whether to Place Accused on Defence
- Outcome
- 2nd accused acquitted; 1st accused placed on defence.
- Judges
- HI Ong'udi
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Criminal Procedure, Hearsay Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daisy Chepkemoi
Defendant
Charles Langat
Defendant
Procedural Posture
Criminal Case / Ruling on Whether to Place Accused on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused to warrant their being placed on their defence.
- 2 Whether there is sufficient evidence linking the 2nd accused to the offence of murder.
- 3 Whether the evidence adduced is direct or hearsay.
Ratio Decidendi
The court found that none of the prosecution witnesses directly witnessed the incident, and none mentioned the 2nd accused's name as being involved in the assault. The only evidence implicating the accused was hearsay, attributed to statements allegedly made by the deceased. The post mortem report confirmed the cause of death as severe head injury and blunt chest trauma due to assault, but did not link the 2nd accused to the crime. Consequently, the court held that there was no evidence to require the 2nd accused to be placed on his defence and acquitted him under section 306(1) of the Criminal Procedure Code. However, the court found that a prima facie case had been established against...
Court Disposition
2nd accused acquitted; 1st accused placed on defence.
Orders
- 2nd accused Charles Langat is acquitted under section 306(1) of the Criminal Procedure Code.
- 1st accused Daisy Chepkemoi is placed on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Chepkemoi & another (Criminal Case 41 of 2019) [2024] KEHC 5087 (KLR) (15 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5087 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 41 of 2019
HI Ong'udi, J
May 15, 2024
Between
Republic
Prosecution
and
Daisy Chepkemoi
1st Accused
Charles Langat
2nd Accused
Ruling
1. Daisy Chepkemoi (Accused 1) and Charles Langat (Accused 2) who are a wife and husband respectively are both facing a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars being that Accused 1 and Accused 2 on 16th August, 2019 at Karima village Kuresoi North sub county within Nakuru County jointly murdered Stanley Kipkorir Yegon. The prosecution called five (5) witnesses and the post mortem report (EXB 1) was produced by the prosecution with the consent of the defence.
2. None of the witnesses witnessed the incident. They however said it is the deceased who told them who had injured him. They found him at the scene.
3. None mentioned the 2nd accused’s name. The post mortem report (EXB1) gave the cause of death as severe head injury and blunt chest trauma secondary to assault.
4. After considering all the evidence I find no evidence to make this court place the 2nd accused on his defence. He is therefore acquitted under section 306(1) of the Criminal Procedure Code.
5. I further find that the prosecution has established a prima facie case against the 1st accused who I hereby place on her defence under section 306(2) of the Criminal Procedure Code.
6. Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 15TH DAY OF MAY, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE