[2017] KEHC 5166 (KLR)
The court found that the prosecution, through the testimony of seven witnesses including three eyewitnesses and a pathologist, had established a prima facie case against the accused for the murder of Abel Kipkorir and Emmanuel Kibet. The evidence, when considered as a whole, was sufficient to require the accused to...
Source-derived case information.
- Citation
- [2017] KEHC 5166 (KLR)
- Parties
- Applicant: Republic; Defendant: Cleophas Kipketer Keino
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- K Kimondo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cleophas Kipketer Keino
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 putting him on his defence.
- 2 Whether the evidence adduced by the prosecution witnesses is sufficient at this stage to sustain the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses including three eyewitnesses and a pathologist, had established a prima facie case against the accused for the murder of Abel Kipkorir and Emmanuel Kibet. The evidence, when considered as a whole, was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court relied on established legal principles from Bhatt v Republic and R v Kipkering arap Koske & another, which set the standard for determining whether a prima facie case has been made out at the close of the prosecution's case. Accordingly, the accused was ordered to enter his defence.
Court Disposition
Accused put on his defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is put on his 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. 20 OF 2008
REPUBLIC.........................................................................PROSECUTOR
VERSUS
CLEOPHAS KIPKETER KEINO.….............................................ACCUSED
RULING
1. The accused is charged with two counts of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on 28th April 2008 at Kibwareng Location in Nandi South District of the Rift Valley Province, he murdered Abel Kipkorir and Emmanuel Kibet.
3. He pleaded notguilty. The prosecution called sevenwitnesses. I have considered the evidence surrounding the homicide in this case. I have in particular paid close attention to the evidence of PW1, PW2 and PW3. The three were eye witnesses to the attack by the accused on the two deceased children. I have pieced their evidence together with that of PW4, PW5, PW6 (the pathologist) and PW7.
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 his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 6th day of June 2017.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Mr. Nyambegera for the accused.
Ms. Kegehi for the Republic.
Mr. J. Kemboi, Court Clerk.