[2017] KEHC 5794 (KLR)
The court found that the prosecution, having called ten witnesses and presented its case, had established a prima facie case against both accused persons as defined in Bhatt v Republic (1957) EA 332. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the court held...
Source-derived case information.
- Citation
- [2017] KEHC 5794 (KLR)
- Parties
- Applicant: Republic; Defendant: Leonard Mukunza Henry; Defendant: Simon Kemboi Kaino
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Each accused person found to have a case to answer and ordered to be put on his defence.
- Judges
- CW Githua
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Leonard Mukunza Henry
Defendant
Simon Kemboi Kaino
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced meets the threshold under Section 306 of the Criminal Procedure Code for a case to answer in a murder charge.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses and presented its case, had established a prima facie case against both accused persons as defined in Bhatt v Republic (1957) EA 332. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the court held that each accused person has a case to answer and must be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Each accused person found to have a case to answer and ordered to be put on his defence.
Orders
- Each accused person is put on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL CASE NO. 59 OF 2011
REPUBLIC.............................................................PROSECUTOR
V E R S U S
LEONARD MUKUNZA HENRY..............................1ST ACCUSED
SIMON KEMBOI KAINO.......................................2ND ACCUSED
RULING
1. The two accused persons Leonard Mukunza Henry and Simon Kemboi Kainoare jointly charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. It is alleged that on the 1st day of September 2011 at Sango village, Likuyani District within the Western Province, jointly with others not before the court, the accused persons murdered Moses Wekesa Soita.
3. Each of the accused persons denied the charges. In support of its case, the prosecution called a total of ten witnesses. At the close of the prosecution case, learned counsel for the accused persons Mr. Chepkwony chose to file written submissions under Section 306 of the Criminal Procedure Code but learned prosecuting counsel Ms Oduor opted not to make any submissions at this stage.
4. I have carefully read and evaluated all the evidence on record alongside the written submissions filed by Mr. Chepkwony on the accused person’s behalf. Having done so, I am satisfied that a prima facie case as defined in Bhatt V Republic (1957) EA 332at page 334 has been made out by the prosecution against each of the accused persons. In the premises, I find that each of the accused persons has a case to answer and is accordingly put on his defence under Section 306(2) of the Criminal Procedure Code.
It is so ordered.
C. W. GITHUA
JUDGE
DATED, SIGNEDand DELIVEREDatELDORETthis 22nd day of March, 2017
In the presence of:-
Both accused persons
Mr. Chepkwony for both accused persons
Miss Karanja for the Republic
Mr. Lobolia Court clerk