[2024] KEHC 11397 (KLR)
The court found that the prosecution had called four witnesses and produced a post mortem report, and that the evidence on record, when considered as a whole, established a prima facie case against the accused. The court was satisfied that the threshold under section 306(2) of the Criminal Procedure Code had been...
Source-derived case information.
- Citation
- [2024] KEHC 11397 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kiplangat Kirui alias Gilbert Kirui
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E032 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence.
- Judges
- HI Ong'udi
- 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
John Kiplangat Kirui alias Gilbert Kirui
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 his being placed on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had called four witnesses and produced a post mortem report, and that the evidence on record, when considered as a whole, established a prima facie case against the accused. The court was satisfied that the threshold under section 306(2) of the Criminal Procedure Code had been met, warranting the accused to be placed on his defence. The court therefore ruled that the accused must answer to the charge of murder as the prosecution's evidence was sufficient to require an explanation from him.
Court Disposition
Accused placed on his defence.
Orders
- The accused is hereby placed on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kirui alias Gilbert Kirui (Criminal Case E032 of 2020) [2024] KEHC 11397 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11397 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E032 of 2020
HI Ong'udi, J
September 30, 2024
Between
Republic
State
and
John Kiplangat Kirui alias Gilbert Kirui
Accused
Ruling
1. John Kiplangat Kirui alias Gilbert Kirui the accused stands charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars being that the accused on 19th day of September, 2020 at Chigamba village in Emitik location, Kuresoi South sub-county within Nakuru County jointly with others not before court murdered Faith Rono.
2. The accused denied the charge and the case proceeded to full hearing with the prosecution calling a total of four (4) witnesses, before closing its case. Both the prosecution and defence counsel filed written submissions which I have duly considered alongside the evidence of the four witnesses including the post mortem report. I am satisfied that a prima facie case against the accused has been established and I hereby place him on his defence.
3. Orders accordingly
DELIVERED, DATED AND SIGNED THIS 30TH DAY OF SEPTEMBER, 2024 IN OPEN COURT AT NAKURUH. I. ONG’UDIJUDGE