[2010] KEHC 444 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons for the offence of murder. Consequently, the accused were put on their defence in accordance with the law, and informed of their rights to remain silent, give sworn or unsworn statements,...
Source-derived case information.
- Citation
- [2010] KEHC 444 (KLR)
- Parties
- Applicant: Republic; Defendant: Gilbert Mutai; Defendant: Hillary Kiprotich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 42 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on their defence
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gilbert Mutai
Defendant
Hillary Kiprotich
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 putting them on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons for the offence of murder. Consequently, the accused were put on their defence in accordance with the law, and informed of their rights to remain silent, give sworn or unsworn statements, and call witnesses. The court directed the defence counsel to indicate the course the accused would take, after which a hearing date for the defence would be set.
Court Disposition
accused put on their defence
Orders
- The accused are put on their defence.
- The accused may remain silent, testify on oath, make an unsworn statement, and/or call witnesses.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 42 OF 2008
REPUBLIC..............................................................................................................PROSECUTOR
VERSUS
GILBERT MUTAI .....................................................................................................1ST ACCUSED
HILLARY KIPROTICH.............................................................................................2ND ACCUSED
RULING
The accused are charged with murder under Section 203as read with Section 204 of the Penal Code. The particulars of the charge are that the accused “… on the 29th day of October, 2008 at Kusumek village in Buret District within Rift Valley Province jointly murdered STEPHEN KIPNGENO KORIR”
I have perused the evidence adduced in support of the charge. I have come to the conclusion that there is a case to answer. I therefore put the accused on their defence. The accused are at liberty to remain mum or to testify on oath or to make an unsworn statement from the dock. Each of them can also call witnesses. The defence counsel shall let the court know the course the accused intend to take after which the court shall give a hearing date for the trial.
DATED at KERICHO this 23rd day of November, 2010
G.B.M. KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mr. K.L. Kipyegon Advocate, instructed by Messrs Kipyegon & Co. Advocates appeared for the accused
Mr. Kiprop, State Counsel from the Attorney General’s Chambers appeared for the State
Court Clerk – Mr. Koech