[2015] KEHC 2619 (KLR)
The court found that the prosecution had called nine witnesses who placed the accused persons at the locus quo, and that the evidence presented was sufficient to establish a prima facie case against both accused persons. Consequently, the court was satisfied that the threshold for placing the accused on their...
Source-derived case information.
- Citation
- [2015] KEHC 2619 (KLR)
- Parties
- Applicant: Republic; Defendant: David Kipkemoi Cheruiyot; Defendant: Isaiah Kipkirui Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons placed on their defence.
- 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
David Kipkemoi Cheruiyot
Defendant
Isaiah Kipkirui Rono
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 persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution had called nine witnesses who placed the accused persons at the locus quo, and that the evidence presented was sufficient to establish a prima facie case against both accused persons. Consequently, the court was satisfied that the threshold for placing the accused on their defence under Section 306(2) of the Criminal Procedure Code had been met. The ruling did not address the merits of the defence or the ultimate guilt or innocence of the accused, but solely determined that there was enough evidence for the accused to be called upon to answer the charge of murder.
Court Disposition
Accused persons placed on their defence.
Orders
- Both accused persons are hereby placed on their defence under Section 306(2) Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 20 OF 2014
REPUBLIC -------------------------------------------------------------------------------PROSECUTOR
VERSUS
DAVID KIPKEMOI CHERUIYOT-----------------------------------------------------1ST ACCUSED
ISAIAH KIPKIRUI RONO--------------------------------------------------------------2ND ACCUSED
RULING.
Both accused persons are facing a Charge of Murder Contrary to Section 203 as read with Section 204 Penal Code.
The Prosecution called nine (9) witnesses who have placed the accused persons at the locus quo.
I am satisfied that there is a prima facie case established against the accused persons who I hereby place on their defence under Section 306 (2) Criminal Procedure code.
Dated and Signed this 18th day of September, 2015.
H.I. ONG'UDI
JUDGE.
Delivered in open Court this 25th day of September 2015.
H.I. ONG'UDI
JUDGE.
In the presence of:
Ms. Mwangi for State.
Both accused – present.
Kenei/Hillary – Court Assistants.
Interpretes: English/Kipsigis.
Mr. Nyaingiri for both accused – Absent.