[2017] KEHC 174 (KLR)
The court found that the prosecution, having called ten witnesses, had adduced sufficient evidence to establish a prima facie case against the accused persons. This means that the evidence, if uncontroverted, would be sufficient to warrant a conviction. Therefore, the accused persons are required to give their...
Source-derived case information.
- Citation
- [2017] KEHC 174 (KLR)
- Parties
- Applicant: Republic; Defendant: Lampat Letongoros; Defendant: George Letongoros; Defendant: Benson Lepere
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused persons found to have a case to answer; ordered to give their defence
- Judges
- JV Juma
- 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
Lampat Letongoros
Defendant
George Letongoros
Defendant
Benson Lepere
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 persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses, had adduced sufficient evidence to establish a prima facie case against the accused persons. This means that the evidence, if uncontroverted, would be sufficient to warrant a conviction. Therefore, the accused persons are required to give their defence in accordance with section 306(2) of the Criminal Procedure Code. The court did not make any findings on the credibility of the witnesses or the weight of the evidence at this stage, as the purpose of this ruling is solely to determine whether the accused have a case to answer.
Court Disposition
accused persons found to have a case to answer; ordered to give their defence
Orders
- Each accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 8/12/2017.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 40 OF 2013
REPUBLIC.............................................................................STATE
VERSUS
LAMPAT LETONGOROS.....................................1ST ACCUSED
GEORGE LETONGOROS....................................2ND ACCUSED
BENSON LEPERE..................................................3RD ACCUSED
RULING
The three accused persons namely LAMPAT LETONGOROS (1st accused). GEORGE LETONGOROS (2nd accused) and BENSON LEPERE (3rd accused) are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called ten (10) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that each accused shall give his defence to the charge.
Dated in Nakuru this 3rd day of October, 2017
Ms Chemgetich for all 3 accused
Mr. Motende for DPP
Court– Hearing on 8/12/2017 for defence hearing.
MAUREEN A. ODERO
JUDGE