[2015] KEHC 6932 (KLR)
The court found that, on the totality of the evidence presented by the prosecution, particularly the testimonies of PW1, PW5, and PW7, a prima facie case had been established against the accused. This finding was made in accordance with section 306(2) of the Criminal Procedure Code, which requires the court to place...
Source-derived case information.
- Citation
- [2015] KEHC 6932 (KLR)
- Parties
- Applicant: Republic; Defendant: Josphat Kipruto Bett
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence.
- 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
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Parties
Republic
Applicant
Josphat Kipruto Bett
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 by the prosecution, particularly from PW1, PW5, and PW7, is sufficient at this stage.
Ratio Decidendi
The court found that, on the totality of the evidence presented by the prosecution, particularly the testimonies of PW1, PW5, and PW7, a prima facie case had been established against the accused. This finding was made in accordance with section 306(2) of the Criminal Procedure Code, which requires the court to place the accused on his defence if the prosecution's evidence is sufficient to establish a case to answer. The court did not make any findings on the ultimate guilt or innocence of the accused at this stage, but determined that the evidence was adequate for the proceedings to continue with the defence case.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 42 OF 2011
REPUBLIC..…...................................................................PROSECUTOR
VERSUS
JOSPHAT KIPRUTO BETT….....….............................................ACCUSED
RULING
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 18th June 2011 at 3. 00am at Chepkemei location within Nandi County, jointly with others not before the court, he murdered James Kipruto. The accused has pleaded not guilty. Seven witnesses were called by the prosecution. I have in particular considered the evidence of PW1, PW5 and PW7.
On the totality of that evidence, 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 22nd day of January 2015.
GEORGE KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
The accused.
Ms. Karuga for Mr. Miyienda for the accused.
Ms. Mwaniki for the State.
Mr. J. Kemboi, Court clerk.