[2023] KEHC 26664 (KLR)
The court, after considering the evidence presented by the prosecution, found that a prima facie case had been established against Geoffrey Kiplimo Korir for the offence of murder. The court applied the principle that at the close of the prosecution's case, the evidence must be such that, if unchallenged, it would...
Source-derived case information.
- Citation
- [2023] KEHC 26664 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kiplimo Korir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- JK Sergon
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Kiplimo Korir
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 him being placed on his defence.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would be sufficient to convict the accused.
Ratio Decidendi
The court, after considering the evidence presented by the prosecution, found that a prima facie case had been established against Geoffrey Kiplimo Korir for the offence of murder. The court applied the principle that at the close of the prosecution's case, the evidence must be such that, if unchallenged, it would justify a conviction. The court also followed the guidance that, when finding a case to answer, it should refrain from giving detailed reasons to avoid prejudicing the defence or the final judgment. Consequently, the accused was found to have a case to answer and was placed on his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused, Geoffrey Kiplimo Korir, is found to have a case to answer and is placed on his defence.
- The accused and his advocate are to indicate whether he will testify in person, and if so, whether the testimony will be sworn or unsworn, and whether he will call independent witnesses.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Korir (Criminal Case 23 of 2016) [2023] KEHC 26664 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26664 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 23 of 2016
JK Sergon, J
December 14, 2023
Between
Republic
Prosecutor
and
Geoffrey Kiplimo Korir
Accused
Ruling
1. Geoffrey Kiplimo Korir the Accused herein was charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. Particulars of the information dated June 22, 2016 are that on June 20, 2016 at Tabaita Village, Ainamoi Location within Kericho County the accused murdered Betty Chelangat Korir.
2. The accused person according to the court records, was arrested on June 21, 2016 and arraigned in court on June 22, 2016. The accused person was mentally examined on June 21, 2016 and found to be mentally sound and fit to stand trial.
3. On July 13, 2016, the accused person took plea and pleaded not guilty to the charge of murder.
4. The prosecution called eight (8) witnesses who testified in support of its case against the accused herein.
5. The court, at this stage, is considering whether the accused has a case to answer. A case to answer was defined in the holding of the caseRepublic v Joseph Shitandi & Anor (2014) eKLR as follows:-“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.” The trial court is however cautioned that at this stage, it should not make definitive findings should it conclude that the accused has a case to answer. In Festo Wandera Mukando v Republic [1980] KLR 103, the court held:“...we draw attention to the inadvisability of giving reasons for holding that an accused has a case to answer. It can prove embarrassing to the court and, and an extreme case, may require an appellate court to set aside an otherwise sound judgment. Where a submission of “no case” to answer is rejected, the court should say no more than that it is. It is otherwise where the submission is upheld when reasons should be given; for then that is the end to the case or the count or counts concerned.”
6. Having considered the material placed before me, I am satisfied that the prosecution have established a prima facie case against the accused person to warrant him to be placed on his defence. I therefore find that the accused herein Geoffrey Kiplimo Korir has a case to answer and he is therefore placed on his defence. The accused and his advocate should indicate to this Court whether he is going to testify in person and if yes, whether he will give sworn or unsworn testimony. He should also indicate whether he will summon independent witness.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 14TH DAY OF DECEMBER, 2023J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohMusyoki for the StateAccused – Present in PersonSang for the Accused