https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10022
The prosecution evidence disclosed the ingredients of murder and implicated the accused through witnesses who allegedly saw events involving the accused and the deceased, thereby establishing a prima facie case. The accused was therefore put on his defence under section 306(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 10022 (KLR)
- Parties
- Prosecutor: Republic; Accused: Philip Kiprop Koech
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2023
- Procedural Posture
- Criminal Murder Trial / Ruling on Whether Accused Has a Case to Answer After Prosecution Closed Its Case
- Outcome
- Accused put on his defence
- Judges
- ["TM Matheka"]
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Section 200 CPC, Section 306 CPC, Change of Judicial Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Philip Kiprop Koech
Accused
Procedural Posture
Criminal Murder Trial / Ruling on Whether Accused Has a Case to Answer After Prosecution Closed Its Case
Legal Issues
- 1 Whether the prosecution evidence disclosed a prima facie case requiring the accused to be put on his defence
- 2 Whether, after closure of the prosecution case, the court should acquit or call the accused to defend himself under section 306 of the Criminal Procedure Code
Ratio Decidendi
The prosecution evidence disclosed the ingredients of murder and implicated the accused through witnesses who allegedly saw events involving the accused and the deceased, thereby establishing a prima facie case. The accused was therefore put on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused put on his defence
Orders
- The accused shall defend himself under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Koech (Criminal Case E018 of 2023) [2026] KEHC 10022 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 10022 (KLR) Republic of Kenya In the High Court at Kabarnet Criminal Case E018 of 2023 TM Matheka, J July 3, 2026 Between Republic Prosecutor and Philip Kiprop Koech Accused Ruling 1.The accused Philip Kiprop Koech is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence is that on the dates between 28th and 29th day of July, 2023 at Chemariech Village of Mochongoi Ward in Marigat Sub-County within Baringo County murdered Samuel Kiprotich Kipsangut. 2.The accused denied the offence on 16/8/2024 before Ngetich J (ash she was then was). 3.The matter was heard by the Hon Ngetich Judge as she then was (7 witnesses). 4.I took over the matter on 21/4/2026 when it was pending Ruling whether or not the accused had a case to answer after the prosecution closed its case. 5.Upon compliance with section 200 of the CPC the accused person opted to have the matter proceed from where it had stopped. 6.Upon closure of the case for the prosecution, section 306 of the CPC kicks in– and the court has 2 options – either to put accused on the defence/acquit him. To do either of these the court is required to consider the evidence on record. 7.I have carefully considered the evidence. At this time, I am not obliged to give reasons – for the finding I make lest it presents an embarrassment as I have not heard the accused. 8.Taking into account the ingredients of murder – there is a deceased person, there are persons who say they witnessed incident between the accused and the deceased which make accuse the prime suspect for the death of deceased. 9.These circumstances present a prima facie case upon which the accused person is put on the defence pursuant to section 306(2) of the Criminal Procedure Code. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 3RD JULY 2026.MUMBUA T MATHEKAJUDGEIn the presence ofMomanyi/Gladys – Court Assistants.Ms. Kosgei for the State.Kipkulei for the Accused.Accused