[2024] KEHC 2727 (KLR)

[2024] KEHC 2727 (KLR)

The court found that the prosecution, having called seven witnesses, had adduced sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence presented met the threshold required under section 306(2) of the Criminal Procedure Code, which mandates that if,...

Source-derived case information.

Citation
[2024] KEHC 2727 (KLR)
Parties
Applicant: Republic; Defendant: Robert Kiprotich Langat; Defendant: Daudi Kiplangat Koech
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case E026 of 2020
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
Both accused persons are found to have a case to answer and are placed on their defence.
Judges
HI Ong'udi
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Robert Kiprotich Langat

Defendant

Daudi Kiplangat Koech

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.

Ratio Decidendi

The court found that the prosecution, having called seven witnesses, had adduced sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence presented met the threshold required under section 306(2) of the Criminal Procedure Code, which mandates that if, at the close of the prosecution's case, a prima facie case is made out, the accused must be put on their defence. The court was satisfied that the prosecution's case was strong enough to require the accused to answer to the charge, and therefore both accused persons were placed on their defence.

Court Disposition

Both accused persons are found to have a case to answer and are placed on their defence.

Orders

  • Both accused persons are placed on their defence under section 306(2) of the Criminal Procedure Code.