[2024] KEHC 12130 (KLR)
The court found that the prosecution had adduced sufficient evidence which, if uncontroverted, could support a conviction for the offence of murder. Accordingly, the accused is placed on his defence as required by section 306 of the Criminal Procedure Code. The court informed the accused of his right to choose the...
Source-derived case information.
- Citation
- [2024] KEHC 12130 (KLR)
- Parties
- Applicant: Republic; Defendant: Victor Kipkoech Kirui
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused placed on his defence.
- Judges
- GL Nzioka
- Legal Topics
- Murder Charge, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Victor Kipkoech Kirui
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence which, if uncontroverted, could support a conviction for the offence of murder. Accordingly, the accused is placed on his defence as required by section 306 of the Criminal Procedure Code. The court informed the accused of his right to choose the manner in which to conduct his defence, in compliance with procedural requirements.
Court Disposition
Accused placed on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence pursuant to section 306 of the Criminal Procedure Code.
- The accused is to indicate to the court the manner in which he will conduct his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kirui (Criminal Case E004 of 2020) [2024] KEHC 12130 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12130 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Case E004 of 2020
GL Nzioka, J
September 24, 2024
Between
Republic
Prosecution
and
Victor Kipkoech Kirui
Accused
Ruling
1. On 21st December 2020, the accused was arraigned in court charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) Laws of Kenya.
2. The charges were read to him and he pleaded not guilty. The matter proceeded to hearing of the prosecution case.
3. At the conclusion of the prosecution case I have considered the evidence adduced and pursuant to the provisions of section 306 of the Criminal Procedure Code (Cap 75) of the Laws of Kenya, it is the finding of the court that there is adequate evidence to place the accused on his defence. The accused is informed accordingly and required to indicate to the court the way, mode or manner in which he shall conduct his defence.
4. It is so ordered and/or directed.
DATED, DELIVERED AND SIGNED THIS 24TH DAY OF SEPTEMBER 2024GRACE L. NZIOKAJUDGEIn the presence of:Mr. P. K. Njuguna for the AccusedN/A for the StateMr. Komen: Court Assistant