[2015] KEHC 3644 (KLR)
The court found that, although the evidence presented by the prosecution was circumstantial, it was sufficient to place the accused at the scene of the crime. The cause of death was established as a penetrating injury, and the prosecution's evidence, taken as a whole, established a prima facie case against the...
Source-derived case information.
- Citation
- [2015] KEHC 3644 (KLR)
- Parties
- Applicant: Republic; Defendant: David Kipkoech Keter
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer and placed on his defence
- Legal Topics
- Murder, Circumstantial Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Kipkoech Keter
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence for the charge of murder.
Ratio Decidendi
The court found that, although the evidence presented by the prosecution was circumstantial, it was sufficient to place the accused at the scene of the crime. The cause of death was established as a penetrating injury, and the prosecution's evidence, taken as a whole, established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused found to have a case to answer and placed on his defence
Orders
- The accused is placed on his defence for the charge of murder under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
HIGH COURT CRIMINAL CASE NO. 33 OF 2013
REPUBLIC----------------------------------------PROSECUTOR
VS.
DAVID KIPKOECH KETER--------------------------ACCUSED
R U L I N G
The accused faces a Charge of Murder Contrary to Section 203 & 204 of the Penal Code.
A total of 7 witnesses have testified for the Prosecution. I have considered the submissions by both the Counsels appearing. The cause of death is clear – a penetrating injury.
Though the evidence is circumstantial I am satisfied it places the accused at the Locus quo. I find the accused to have a case to answer, and I hereby place him on his defence of Murder Section 306 (2) Criminal Procedure Code (CPC).
Dated, Signed and delivered in open Court this 23rd day of July 2015
H. I ONG'UDI
JUDGE.
In the Presence of
Mr. Kivali for state
Mr. Miruka for accused – absent
Hillary/Robert Cheruiyot – Court Assistants.
Interprates: Eng/Kipsigis.