[2023] KEHC 24757 (KLR)
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against Geoffrey Kipngeno Bett alias Pemba, the 2nd accused. The evidence presented was adequate to require the accused to be placed on his defence as per the threshold set out in Section 306(2)...
Source-derived case information.
- Citation
- [2023] KEHC 24757 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Kiprotich Kemei; Defendant: Geoffrey Kipngeno Bett Alias Pemba
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The 2nd accused is found to have a case to answer and is placed on his defence.
- Judges
- JK Sergon
- Legal Topics
- Murder, Manslaughter, Plea Bargaining, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Collins Kiprotich Kemei
Defendant
Geoffrey Kipngeno Bett Alias Pemba
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the 2nd accused to warrant being placed on his defence.
- 2 Whether the evidence adduced supports the charge of murder against the 2nd accused.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against Geoffrey Kipngeno Bett alias Pemba, the 2nd accused. The evidence presented was adequate to require the accused to be placed on his defence as per the threshold set out in Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution's case, if unrebutted, could potentially result in a conviction, thus necessitating the accused to answer to the charge. The 1st accused had already entered a plea bargain and been convicted and sentenced for manslaughter, so the ruling focused on the 2nd accused.
Court Disposition
The 2nd accused is found to have a case to answer and is placed on his defence.
Orders
- The 2nd accused, Geoffrey Kipngeno Bett alias Pemba, is placed on his defence.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Kemei & another (Criminal Case 18 of 2018) [2023] KEHC 24757 (KLR) (2 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24757 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 18 of 2018
JK Sergon, J
November 2, 2023
Between
Republic
Prosecution
and
Collins Kiprotich Kemei
1st Accused
Geoffrey Kipngeno Bett Alias Pemba
2nd Accused
Ruling
1. Collins Kiprotich Kemei and Geoffrey Kipngeno Bett alias Pemba the Accused herein were charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. The Particulars of the information are that on 13th July, 2018 at around 2130 Hours at Brooke Trading Centre, Ainamoi Sub - County within Kericho County the accused murdered Caleb Kipkirui Korir.
2. The accused persons according to the court records, were arrested on 6th August, 2018 and arraigned in court on 8th August, 2018. The accused persons were mentally examined on 8th August, 2018 and found to be mentally sound and fit to stand trial.
3. On 24th September 2018, the accused persons took plea and pleaded not guilty to the charge of murder. However, Collins Kiprotich Kemei (the 1st accused herein) entered into a plea bargaining agreement dated 26th June, 2019 and pleaded to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code CAP 63 Laws of Kenya. Pursuant to the plea bargaining agreement was convicted and subsequently sentenced to serve eight (8) years imprisonment on 17th September, 2019.
4. The prosecution called six (6) witnesses who testified in support of its case against Geoffrey Kipngeno Bett alias Pemba (the 2nd accused herein).
5. Having considered the material placed before me plus the evidence, I am satisfied that the prosecution has established a prima facie case necessitating the Accused to be placed on his defence.
6. I accordingly, the accused has a case to answer hence he is placed on his defence,
DATED, SIGNED AND DELIVERED AT KERICHO THIS 2ND DAY OF NOVEMBER, 2023. .....................J. K. SERGONJUDGE