[2023] KEHC 25904 (KLR)
The court found that the prosecution's evidence, including the testimony of ten witnesses, placed all the accused persons at the scene of the crime and implicated them as perpetrators of the murder. The court held that the prosecution had established a prima facie case against each accused person, thereby requiring...
Source-derived case information.
- Citation
- [2023] KEHC 25904 (KLR)
- Parties
- Applicant: Republic; Defendant: Bernard Koskei; Defendant: Wilson K. Rono alias Mberia; Defendant: Bernard K. Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2019
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution's Case
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- JK Sergon
- 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
Bernard Koskei
Defendant
Wilson K. Rono alias Mberia
Defendant
Bernard K. Langat
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced implicates the accused persons as perpetrators of the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimony of ten witnesses, placed all the accused persons at the scene of the crime and implicated them as perpetrators of the murder. The court held that the prosecution had established a prima facie case against each accused person, thereby requiring them to be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The absence of submissions from the defence did not affect the court's determination, as the evidence on record was sufficient to meet the threshold for a prima facie case. The accused persons were accordingly called upon to indicate whether they would testify and whether they...
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Each accused person is placed on their defence.
- Accused persons and their counsel to indicate whether they will testify in person and whether testimony will be sworn or unsworn.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Koskei & 2 others (Criminal Case 27 of 2019) [2023] KEHC 25904 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25904 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 27 of 2019
JK Sergon, J
November 30, 2023
Between
Republic
Prosecution
and
Bernard Koskei
1st Accused
Wilson K. Rono alias Mberia
2nd Accused
Bernard K. Langat
3rd Accused
Ruling
1. The Accused Persons herein namely:- Bernard Koskei, Wilson K. Rono Alias Mberia , and Bernard K. Langat, being the 1st , 2nd and 3rd Accuseds respectively are before this court facing a Charge of Murder.
2. The particulars of the offence are that on the night of 2nd July, 2019 at Jambo Kenya Trading Centre, Kipkelion Sub-County, within Kericho County, the trio jointly murdered Justus Too Alias Titus Too.
3. At the close of the Prosecution’s case, a total of 10 witnesses had testified in support of the Prosecution’s case. The Advocate for the Accused Persons was invited to make submissions on no case to answer. At the time of writing this ruling, the defence Counsel had not filed the submissions.
4. I have considered the evidence tendered by the Prosecution and I find that the evidence places all the Accused Persons at the scene of crime. The evidence also implicate the Accused Persons as the perpetrators of the offence of Murder against the Deceased.
5. The Prosecution has established a prima facie case against all the Accused Persons. The trio are each placed on their defence
6. They together with their Counsel should indicate to this Court whether they are going to testify in person and if so whether they will give sworn or unsworn testimony. The defence should further indicate whether they will summon independent witnesses in support of their defence.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 30TH DAY OF NOVEMBER, 2023. ....................................................J.K. SERGONJUDGEIn the presence of:Langat – C/AssistantMr. Musyoki – ProsecutorAccused:1– Present in Prison.2 – Present in Person3 – Present in PersonNo Appearance for Ochang for the Accused