[2019] KEHC 6854 (KLR)
The court found that the prosecution had adduced sufficient evidence, through the testimony of seven witnesses, to establish a prima facie case against the accused for the offence of murder. The evidence, if accepted as accurate, would establish each essential element of the offence. Therefore, the accused is...
Source-derived case information.
- Citation
- [2019] KEHC 6854 (KLR)
- Parties
- Applicant: Republic; Defendant: Mike Kiprono Korir
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- EM Ngugi
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mike Kiprono Korir
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution, if accepted as accurate, would establish each essential element of the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, through the testimony of seven witnesses, to establish a prima facie case against the accused for the offence of murder. The evidence, if accepted as accurate, would establish each essential element of the offence. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 20 OF 2014
REPUBLIC................................................................STATE
VERSUS
MIKE KIPRONO KORIR..................................ACCUSED
RULING
1. The Accused Person, Mike Kiprono Korir was arraigned before this Court facing a single count of murder contrary to section 203 as read together with section 204 of the Penal Code. The particulars alleged in the Information that that between 1st February, 2014 and 2nd February, 2014 at Sigito Farm in Rongai District within Nakuru County, it is alleged that the Accused Person murdered Simon Chepkwony.
2. The prosecution called seven witnesses to prove the case against the Accused Person. At the close of the Prosecution case, the Court is required to determine if the Prosecution has made out a case sufficiently to call upon the Accused Person to defend himself. At this point, the Court is only required to determine if “there is some evidence (not inherently incredible) which, if he were to accept it as accurate, would establish each essential element in the alleged offence” which is murder in this case. (Haw Tua Tau (1981) 2 MLJ 49)
3. The Prosecution witnesses sketched a narrative of a confrontation between the Accused Person, who owned a milk shop, and the Deceased, who went to buy milk at the shop. According to the Prosecution witnesses the confrontation ended with the Accused Person attacking the Deceased and pushing him to the ground. It is alleged that that is how the Deceased got the fatal injury that led to his death.
4. Based on all the evidence adduced, there is enough material to conclude that a prima facie evidence has been established sufficiently to call upon the Accused Person to answer. Consequently, the Accused Person is hereby put on his defence.
Dated and delivered at Nakuru this 6th day of June, 2019.
.........................
JOEL NGUGI
JUDGE