[2023] KEHC 25932 (KLR)
The court found that the prosecution, through the testimonies of five witnesses, had adduced sufficient evidence to place the accused at the scene of the crime and link him to the offence of murder. This evidence established a prima facie case against the accused, thereby necessitating that he be placed on his...
Source-derived case information.
- Citation
- [2023] KEHC 25932 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Cheruiyot Kemboi alias Mrefu
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence.
- Judges
- JK Sergon
- 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
Charles Cheruiyot Kemboi alias Mrefu
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 placing him on his defence.
- 2 Whether the evidence adduced links the accused to the commission of the offence of murder.
Ratio Decidendi
The court found that the prosecution, through the testimonies of five witnesses, had adduced sufficient evidence to place the accused at the scene of the crime and link him to the offence of murder. This evidence established a prima facie case against the accused, thereby necessitating that he be placed on his defence in accordance with Section 211 of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met, and the accused was accordingly required to indicate whether he would testify and whether he would call any witnesses.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence under Section 211 of the Criminal Procedure Code.
- The accused to inform the court whether he will testify and whether he will call witnesses.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kemboi (Criminal Case 3 of 2017) [2023] KEHC 25932 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25932 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 3 of 2017
JK Sergon, J
November 30, 2023
Between
Republic
Prosecutor
and
Charles Cheruiyot Kemboi alias Mrefu
Accused
Ruling
1. Charles Cheruiyot Kemboi alias Mrefu, the Accused herein was charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. The Particulars of the information dated 23rd February, 2017, are that on 19th February, 2017 at Kapsoit Trading Centre Belgut Sub - County within Kericho County the accused murdered Andrew Kibet Rono.
2. The accused person according to court records was arrested on 22nd February, 2017 and arraigned in court on 23rd February, 2017.
3. On 14th March 2017, the accused person took plea and pleaded not guilty to the charge of murder.
4. The prosecution called five (5) witnesses who testified in support of its case against the accused person herein. The Accused was invited to submit on no case to answer but he opted not to make any submissions.
5. Having considered the evidence of the five witnesses summoned by the Prosecution, it is clear that the Accused is placed at the Scene of Crime. The evidence also links the Accused with the commission of the offence he underwent trial for.
6. In the end, I am satisfied that the Prosecution has established a prima facie case. Consequently, the Accused is placed on his defence Under Section 211 of theCriminal Procedure Code. The Accused should inform this Court whether he is testifying in person and if yes, whether he will give sworn or unsworn testimony. He should also indicate whether he will summon independent witnesses or not.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 30TH DAY OF NOVEMBER, 2023. J. K. SERGONJUDGEIn the presence of:Mr. Musyoki – ProsecutorAccused – Present in PersonKiletyen for the Accused