[2025] KEHC 944 (KLR)
The court found that, after considering the evidence of 10 prosecution witnesses and the submissions of the defence, a prima facie case had been established against the accused. This warranted putting the accused on his defence as required by law. The court refrained from giving detailed reasons for this finding, in...
Source-derived case information.
- Citation
- [2025] KEHC 944 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Kipkoech Kong'a
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E030 of 2023
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- JM Nang'ea
- 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
Jackson Kipkoech Kong'a
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that, after considering the evidence of 10 prosecution witnesses and the submissions of the defence, a prima facie case had been established against the accused. This warranted putting the accused on his defence as required by law. The court refrained from giving detailed reasons for this finding, in line with established judicial practice, to avoid creating an impression of pre-judgment before the defence is heard.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence to the charge of murder.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kong'a (Criminal Case E030 of 2023) [2025] KEHC 944 (KLR) (4 February 2025) (Ruling)
Neutral citation: [2025] KEHC 944 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E030 of 2023
JM Nang'ea, J
February 4, 2025
Between
Republic
Prosecution
and
Jackson Kipkoech Kong'a
Accused
Ruling
1. The accused is charged with the capital offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on 8th August 2023 at K9 Unit, Dog Section of Nakuru East Sub County in Nakuru County he murdered Sgt. Christopher Kimeli.
2. The accused denied the offence. The prosecution has called 10 witnesses whose evidence I have perused against the defence Counsel’s submissions and the charge. The prosecution has not put in their submissions.
3. The court finds that a prima facie case has been made out warranting putting the accused on his defence. It is established judicial practice not to give reasons for such decision so that an impression is not created that the court has already made up its mind before hearing any defence that the accused may present.
4. The accused is accordingly put on his defence to the charge.
J. M. NANG’EA, JUDGE.RULING DELIVERED THIS 4TH DAY OF FEBRUARY, 2025 IN THE PRESENCE OF:Ms Sang for the DPPDefence Counsel, Mr. Mong’eriAccused, PresentCourt Assistant (Jeniffer)J. M. NANG’EA, JUDGE.