[2011] KEHC 3411 (KLR)

[2011] KEHC 3411 (KLR)

The court found that the evidence adduced by the eight prosecution witnesses was sufficient to establish a prima facie case against the accused, Davis Kipkoech Langat, on the charge of murder. Consequently, the court invoked Section 306(2) of the Criminal Procedure Code and ordered the accused to be put on his...

Source-derived case information.

Citation
[2011] KEHC 3411 (KLR)
Parties
Applicant: 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 Prima Facie Case at Close of Prosecution
Outcome
Accused put on his defence; defence hearing to be scheduled.
Legal Topics
Murder Charge, Prima Facie Case, Criminal Procedure, Defence Hearing
Source Language
en
Criminal Law Murder Charge Prima Facie Case Criminal Procedure Defence Hearing

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Parties

Republic

Applicant

Davis Kipkoech Langat

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.

Ratio Decidendi

The court found that the evidence adduced by the eight prosecution witnesses was sufficient to establish a prima facie case against the accused, Davis Kipkoech Langat, on the charge of murder. Consequently, the court invoked Section 306(2) of the Criminal Procedure Code and ordered the accused to be put on his defence. The ruling did not address the merits of the defence case, as the matter was at the close of the prosecution's case and the next procedural step was for the accused to indicate the nature of his defence and whether he would call witnesses.

Court Disposition

Accused put on his defence; defence hearing to be scheduled.

Orders

  • The accused is put on his defence pursuant to Section 306(2) of the Criminal Procedure Code.
  • A date for defence hearing shall be given.