[2015] KEHC 6549 (KLR)
The court found that, upon evaluation of the evidence of all fifteen prosecution witnesses and consideration of the written submissions by both counsel, the prosecution had established a prima facie case against the accused. The court applied the standard set out in Bhatt v Republic [1957] E.A. 332 and section...
Source-derived case information.
- Citation
- [2015] KEHC 6549 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Kiplimo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- K Kimondo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Henry Kiplimo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, upon evaluation of the evidence of all fifteen prosecution witnesses and consideration of the written submissions by both counsel, the prosecution had established a prima facie case against the accused. The court applied the standard set out in Bhatt v Republic [1957] E.A. 332 and section 306(2) of the Criminal Procedure Code, concluding that the evidence was sufficient to require the accused to be put on his defence for the charge of murder. The court accordingly ordered the accused to be placed on his defence.
Court Disposition
Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 43 OF 2006
REPUBLIC..….....................................................................PROSECUTOR
VERSUS
HENRY KIPLIMO…………….....…...............................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the night of 22nd September 2006 at Chebarus Location in Nandi South District of the Rift Valley Province, he murdered Jane Chelagat Chepkwony.
2. The accused pleaded not guilty. The prosecution called fifteen witnesses. I have evaluated the evidence of all those witnesses. I have considered the written submissions by the learned State Counsel and those by the learned counsel for the defence. I have also considered the precedent in Bhatt v Republic [1957] E.A. 332.
3. On the totality of the evidence and the precedents, I am persuaded that the State has established a prima facie case against the accused. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now place the accused on his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 19th day of February 2015.
GEORGE KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. Shilwatso for the accused.
Mr. Mulati for the State.
Mr. J. Kemboi, Court clerk.