[2022] KEHC 11632 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the 1st, 2nd, and 4th accused persons, warranting that they be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court also accepted the official confirmation of...
Source-derived case information.
- Citation
- [2022] KEHC 11632 (KLR)
- Parties
- Applicant: Republic; Defendant: Samson Korir Kurere; Defendant: Rael Sote Korir; Defendant: Bismack Kipchumba; Defendant: Francis Tanui
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The 1st, 2nd, and 4th accused persons are found to have a case to answer and are placed on their defence. The case against the 3rd accused is terminated due to his death.
- Judges
- WK Korir
- Legal Topics
- Case to Answer, Termination of Proceedings, Criminal Procedure, Death of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samson Korir Kurere
Defendant
Rael Sote Korir
Defendant
Bismack Kipchumba
Defendant
Francis Tanui
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the 1st, 2nd, and 4th accused persons have a case to answer under Section 306(2) of the Criminal Procedure Code.
- 2 Whether the case against the 3rd accused should be terminated due to his death.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the 1st, 2nd, and 4th accused persons, warranting that they be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court also accepted the official confirmation of the 3rd accused's death and terminated the case against him, as criminal proceedings cannot continue against a deceased person.
Court Disposition
The 1st, 2nd, and 4th accused persons are found to have a case to answer and are placed on their defence. The case against the 3rd accused is terminated due to his death.
Orders
- The 1st, 2nd, and 4th accused persons are placed on their defence under Section 306(2) of the Criminal Procedure Code.
- The case against the 3rd accused, Bismack Kipchumba, is terminated due to his death.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Kurere & 3 others (Criminal Case 59 of 2017) [2022] KEHC 11632 (KLR) (21 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11632 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Case 59 of 2017
WK Korir, J
July 21, 2022
Between
Republic
Prosecution
and
Samson Korir Kurere
1st Accused
Rael Sote Korir
2nd Accused
Bismack Kipchumba
3rd Accused
Francis Tanui
4th Accused
Ruling
1. On 21st March, 2021 I took this matter into my custody for the purpose of writing a ruling as to whether the accused persons have a case to answer. I slotted the ruling for 28th April, 2022. When the matter came up for ruling, the 4th Accused informed the Court that the 3rd Accused had died in a road accident on 1st April, 2022. It has been officially confirmed by the prosecution that the 3rd Accused, Bismack Kipchumba, is indeed deceased. The case against him has now been terminated.
2. This ruling is therefore in respect of the 1st, 2nd and 4th accused persons. Upon considering the evidence adduced by the prosecution witnesses, I find that the 1st, 2nd and 4th accused persons have a case to answer. Each one of them is therefore placed on his/her defence. I will therefore proceed to comply with Section 306(2) of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED AT KABARNET THIS 21ST DAY OF JULY, 2022. W. KORIR,JUDGE OF THE HIGH COURT