[2011] KEHC 2349 (KLR)
The court found that the evidence adduced by the prosecution, through eight witnesses, established a prima facie case against the accused, Davis Kipkoech Langat, for the murder of Samuel Nyangaro Mogaka. Applying Section 306(2) of the Criminal Procedure Code, the court determined that the accused should be put on...
Source-derived case information.
- Citation
- [2011] KEHC 2349 (KLR)
- Parties
- Respondent: Republic; Defendant: Davis Kipkoech Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2009
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- Accused put on his 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
Respondent
Davis Kipkoech Langat
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the evidence adduced by the prosecution, through eight witnesses, established a prima facie case against the accused, Davis Kipkoech Langat, for the murder of Samuel Nyangaro Mogaka. Applying Section 306(2) of the Criminal Procedure Code, the court determined that the accused should be put on his defence. The court emphasized that at this stage, it is not required to determine guilt beyond reasonable doubt, but only whether the evidence is sufficient to require an answer from the accused. The accused was accordingly put on his defence and informed of his rights regarding the manner of giving evidence and calling witnesses.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence under Section 306(2) of the Criminal Procedure Code.
- Defence counsel to indicate whether the accused will give sworn or unsworn evidence and whether he will call witnesses.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 27 OF 2009
REPUBLIC …………………………………........................……………….PROSECUTOR
VERSUS
DAVIS KIPKOECH LANGAT.…………............................………………………ACCUSED
RULING
The charge against the accused is murder contrary to Section 203 as read with Section 204 of the Penal Code, Chapter 63 of the laws of Kenya. The particulars of the offence are that the accused
“on the 25th day of May 2009 at around 8pm at Makutma village in Bomet District within Rift Valley Province murdered Samuel Nyangaro Mogaka”.
The prosecution closed its case after eight (prosecution) witnesses had testified in support of the charge. Under Section 306 (1) of the Criminal Procedure Code (Cap 75) the Court is enjoined to acquit the accused if it determines that the evidence adduced does establish a prima facie case to warrant the accused being put on his defence. If however, the evidence adduced establishes a prima facie case, the Court is enjoined under Section 306 (2) to put the accused on his defence.
I have perused the evidence adduced and I am satisfied that there is a prima facie case made out to warrant the accused being put on his defence. Accordingly, I put the accused on his defence. His Counsel shall indicate to the Court if the accused shall give sworn or unsworn evidence and whether he shall call witnesses. He is also entitled, if he so desires, to remain mum.
DATEDat KERICHO this 14th day of April, 2011
G.B.M KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mr. Chelule, Advocate, for the Accused
Miss. M. N. Idagwa, State Counsel, for the Republic
Mr. R. Koech, Court clerk