[2015] KEHC 2415 (KLR)
The court found that the prosecution's evidence, including eyewitness accounts placing the accused at the scene and medical testimony confirming the cause of death, was sufficient to establish a prima facie case against the accused persons. The evidence linked both accused to the events leading to the deceased's...
Source-derived case information.
- Citation
- [2015] KEHC 2415 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kipkosgei Koros; Defendant: Bernard Cheruiyot Kiplangat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- A Mshila
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Kipkosgei Koros
Defendant
Bernard Cheruiyot Kiplangat
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 persons to warrant putting them on their defence.
- 2 Whether the evidence adduced links the accused persons to the murder of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness accounts placing the accused at the scene and medical testimony confirming the cause of death, was sufficient to establish a prima facie case against the accused persons. The evidence linked both accused to the events leading to the deceased's death, thereby necessitating that they be put on their defence in accordance with Section 306(1) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons are put on their defence in terms of Section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 42 OF 2012
REPUBLIC............................................................................................................PROSECUTOR
-VERSUS-
GEOFFREY KIPKOSGEI KOROS........................................................................1ST ACCUSED
BERNARD CHERUIYOT KIPLANGAT................................................................2ND ACCUSED
RULING
1. The two accused persons were charged with the offence of murder contrary to Section 203 as read together with Section 204 of the Penal Code. The particulars of the offence as per the Information dated 4th September 2012 were that on 6th April 2012, at Sirikwa in Kuresoi District within Nakuru County the two accused persons jointly murdered Peter Kipkorir.
2. I have reviewed the Prosecution evidence. The Prosecution established that the deceased was murdered contrary to Section 203 of the Penal Code. Dr. Francis Thaithi Blano, (PW6) testified that the postmortem of the deceased revealed that he died due to a severe head injury secondary to trauma.
3. The evidence of Joyce Khavere, PW1 andJoseph Soi, PW2 placed the accused persons at the scene where the deceased was attacked. PW1 testified that she saw the 2nd Accused outside their house and heard him say of the deceased, “that is him”. PW2 also testified that he saw and identified the 1st Accused who barged into his house that fateful night with the deceased.
4. On this evidence I find that the Prosecution has established a prima facie case against the Accused persons and that they have a case to answer. I accordingly put them on their defence in terms of Section 306 (1) of the Penal Code.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 8th day of May, 2015.
A. MSHILA
JUDGE