[2022] KEHC 1988 (KLR)
The court found that the prosecution had established a prima facie case against the accused for the offence of murder as charged. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused should be placed on his...
Source-derived case information.
- Citation
- [2022] KEHC 1988 (KLR)
- Parties
- Applicant: Republic; Respondent: Kibon Kibelion
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused to be put on his defence
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kibon Kibelion
Respondent
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 his being put on his defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused for the offence of murder as charged. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused should be placed on his defence to answer to the charge of murder.
Court Disposition
accused to be put on his defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 65 OF 2015
REPUBLIC....................................................................PROSECUTOR
VERSUS
KIBON KIBELION..............................................................ACCUSED
RULING
1. The accused herein was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The charge was to the effect that the accused murdered one James Chirchir on 14th November 2015 at Bomaste village in Mochongoi division Baringo County.
2. The court has had the advantage of reading the submissions by the counsels for the parties herein as well as the courts proceedings. It is the opinion of the court that based on the available case the prosecution has established a prima facie evidence against the accused person.
3. Consequently, let him be placed in his defence.
DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 3RD DAY OF MARCH 2022.
H K CHEMITEI.
JUDGE.