[2015] KEHC 1655 (KLR)
The court found that the prosecution's evidence, though circumstantial, was sufficient to establish a prima facie case against the accused for the murder of his wife and son. Accordingly, the accused was placed on his defence under Section 306(2) of the Criminal Procedure Code. The court was satisfied that the...
Source-derived case information.
- Citation
- [2015] KEHC 1655 (KLR)
- Parties
- Applicant: Republic; Defendant: David Benson Kipkerich Chumo
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
- Outcome
- Accused placed on his defence.
- 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
David Benson Kipkerich Chumo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Placed on Defence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, though circumstantial, was sufficient to establish a prima facie case against the accused for the murder of his wife and son. Accordingly, the accused was placed on his defence under Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, requiring the accused to answer to the charges.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed 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 KERICHO
CRIMINAL CASE NO. 29 OF 2011
REPUBLIC
V
DAVID BENSON KIPKERICH CHUMO.............ACCUSED
RULING
The accused is charged with the offence of Murder Contrary to Section 203 and 204 of the Penal Code. The deceased in Count 1 and Count 2 were a wife and son of the accused person.
The evidence adduced is circumstantial. I am however satisfied that the prosecution has established a prima facie case against the accused who I hereby place on him on his defence under Section 306 (2) Criminal Procedure Code.
Dated and Signed this 16th day of October 2015.
H.I. ONG'UDI
JUDGE.
Delivered in open Court this 23rd day of October, 2015.
H.I. ONG'UDI
JUDGE.
In the presence of :
M/s Mwangi for State.
Mr. Onganyi for Accused Absent.
Accused – Present in person.
Kenei/Hillary – Court Assistants.
Interprates: Eng/Kipsigis.