https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10625

Republic v Keter (Criminal Case E001 of 2023) [2026] KEHC 10625 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KEHC 10625 (KLR) Republic of Kenya In the High Court at Eldama Ravine Criminal Case E001 of 2023 TM Matheka, J July 17, 2026 Between Republic Prosecution and Kiprop Kaisang Keter Accused Ruling 1.The information before me is headed R VS Kiprop Kaisang Keter. It states:-The Court is hereby informed by the Director of Public Prosecutions on behalf of the Republic that the above-named accused person is charged with the following:-Then the statement of offence states:-Murder contrary to section 203 as read with section 204 of the Penal Code.Particulars Of The OffenceMusa Kipyegon Kogei: On 15th June, 2023 at Kamngoech village, Poror location in Koibatek Sub-County in Baringo County, murdered William Kipruto Chemutt. 2.The accused person pleaded not guilty on 19/9/2023 before Hon. Ngetich J (as she then was). 5 witnesses testified before the Judge. 3.When I took over, and complied with section 200 as read with section 201 of the Criminal Procedure Code, the accused opted to proceed from where the matter had stopped. I heard one witness. 4.The case for prosecution was that on 15/6/2023 the deceased William Kipruto Chemutt arrived home at 500 pm. His wife was tethering the cattle, and he had come in with the milk Jerrican. He entered the house. When she entered the house, she found him on the floor. He told her that he had head pain – and the right side of his head was swollen. He said he was hit with a stick. That he told her one Kiprop is the one who had hit him. 5.She went and brought medicine (Panadol) for him. She gave him the Panadol. He slept up to the next day. On 17/6/2023, at around 1:00 am he fainted. She screamed because he could not talk. 6.She said she knew Kiprop. He was neighbor. She said that Kiprop was their neighbor. She said she took her husband to Eldama Ravine Hospital. He was treated and they went back home. She produced a treatment card dated 17/6/2023 she was told to take him to Nakuru Provincial Hospital – and she went on 18/6/2023 where a CT Scan was done. He was admitted on 18/6/2023, discharged on 22/6/2023. 7.That they went back home – and he died on 26/6/2023 at 1:00 am. That she reported to Eldama Ravine police station on 27/6/2023. A postmortem was conducted on 28/6/2023 – and they were told that the cause of death was a bleed in the head. She said deceased said Kiprop hit him. She said that Kiprop was the accused in the dock. 8.On cross-examination she said she did not know one Gilbert Kiprotich. She said he said he was hit by Kiprop Kaisang; that they had disagreed over Kshs. 50/=. 9.Pw2 Joyce Boiwo told the court she was at home on 15/6/2023 – when the deceased and one Gilbert came to her house. They sat outside. The deceased asked for water. She said she gave him a big cup of water – the deceased brought out a water bottle and they mixed the contents with the water that she gave deceased. 10.She left them outside as she went inside to do her work. While there she heard the accused ask the deceased for Ksh 50/= change. They left while quarrelling. After walking for around 30 metres, the deceased bit the accused’s finger – that accused got annoyed and pulled out a herding stick and hit him on the head once – that deceased fell, and she told accused not to hit him again. 11.That the Accused left. Deceased woke up to walk but fell down 3 times. She said she did not see any injuries on him because he was a bit far. She said the next day she saw the deceased bringing the milk but she did not talk to him. 12.She said Gilbert was the accused in the dock. She said on cross-examination Gilbert was also called Kiprop Kaisang. 13.Pw4 Joseph Cheruiyot was the one who took deceased to hospital on 17/6/2023 after Pw1 called him around 1100 pm. 14.Pw5 was Dr. Titus Ngulungu. He conducted the postmortem on 28/6/2023.He had subdural hematoma and contusion on the temporal region – no skull fracture – cause of death – head injury attended by subdural hematoma.On cross-examination he said the blunt trauma caused a shaking of the brain. 15.Pw6 was No. 66290 CPL Ekim Kirimoi from DCI Eldoret. He was called by the DCIO on 27/6/2023 that there was a murder reported by Jelagat Kiptuin – that her husband had arrived home, collapsed and died. He recorded her statement. That after the postmortem, the accused was arrested and charged. 16.On cross-examination he said the offence occurred on 15/6/2023. That on 16/6/2023 the deceased was seen doing his usual work of selling milk – that on 15/6/2023 according to his wife, he arrived home looking sick, he fell down, that the next day he was working as usual but in pain and had not been taken to hospital. 17.He said they were shown where the stick used to hit the deceased was removed, but they did not find the stick – that it was a stick used to tether cattle in the compound. That the deceased was hospitalized for over 10 days before he passed on. 18.Pw7 Dr. Joan Ruto produced the discharge summary for William Kipruto Chemutt – it said Date of Admission at Nakuru Provincial Hospital on 18/6/2023 – ward 5, but did not indicate date of discharge; That the patient had presented 4 days earlier with history of assault by a known person, post traumatic loss of consciousness – severe head ache, and vomiting – diagnosis was bleeding within brain matter, he received head injury management. 19.The prosecution closed its case. 20.The issue for determination is whether the prosecution has established that the accused person has a case to answer to warrant his being put on the defence Section 306 of the Criminal Procedure Code provides:-306.Close of case for prosecution(1)When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.(2)When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact. 21.The prosecution is expected to establish the ingredients of murder; the unlawful death of the deceased, and that the same was caused by the accused person with malice aforethought as per section 206 of the Penal Code. 22.There is no doubt that the deceased William Kipruto Chemutt died – it says in the postmortem that he died as a result of injuries sustained from an assault. 23.But who assaulted him? 24.The Pw2 said it was one by the name Gilbert – she told the court that Gilbert was the person in the dock – on cross-examination she said he was also known as Kiprop Kaisang. 25.The charge sheet presented by the prosecution says that the person who was charged with the offence is one Musa Kipyegon Kogei. 26.It appears to this court that the prosecution appear not to have established who actually assaulted the deceased – the witness spoke of one Gilbert – who she said was also Kiprop Kaisang. The charge sheet bears the name of Kiprop Kaisang Keter on one part and the person actually charged as the accused is one Musa Kipyegon Kogei – 27.This is worrying. Was it guess work on the part of the prosecution? was it a mistake? It would appear that there Who actually assaulted the deceased. True – the wife told the court that her husband told her that deceased said – he was hit with a stick by “Kiprop”. She said Kiprop who hit her husband was their neighbour. She said it was the person in the dock. She said she did not know anyone by the name Gilbert Kiprotich – that the accused names were Kiprop Kaisang. 28.According to Pw2 the person who came to her home with the deceased was Gilbert. She said it was Gilbert who assaulted the deceased. If indeed the person of Kiprop was also known as Gilbert then PW1 the wife of the deceased would have known because she said Kiprop was their neighbour and the only other name she knew was Kaisang. 29.Pw2 testified that the fight began because the deceased bit Gilberts finger. Obviously, this was a clue that would have assisted in the investigation and identification of the person who actually assaulted the deceased. 30.There is no evidence that at the time of arrest the accused person had any history of human bite on any of his fingers and the Investigating Officer did not investigate that. After recording the statements, he did not carry out any investigations. 31.What is worrying however is that the the court is presented with three names – Gilbert Kiprotich, Kiprop Kaisang Keter and Musa Kipyegon Kogei as the possible assailants of the deceased. One of them is actually charged but he is not the person before court. There is nothing before mw to show that these names are aliases of the accused person before court. The Prosecution has not made any effort to reconcile these names . 32.The accused person before court has denied the charge. The deceased was alive for 10 days after the alleged assault by the accused person but no report was made at that time. In addition, there no evidence that he spoke about the assault and gave details that would identify the assailant without doubt. 33.The circumstances of this case are such that it would not be safe to put the accused on his defence. 34.Hence I make a finding under s. 306(1) of the Criminal Procedure Code, make a finding of not guilty and acquit the accused person accordingly. 35.Right of Appeal 14 days RULING DATED, SIGNED AND DELIVERED AT KABARNET HIGH COURT THIS 17TH JULY 2026.MUMBUA T MATHEKAJUDGEIn the presence of:-CA, Gladys/MomanyiAccused person - PresentKoech for the State.