[2015] KEHC 1532 (KLR)

[2015] KEHC 1532 (KLR)

The court found that none of the eight prosecution witnesses gave any evidence implicating Harun Kipchirchir Langat alias Weldon (Accused 3) in the offence of murder. Consequently, the court acquitted Accused 3 under Section 306(2) of the Criminal Procedure Code. In contrast, the court found that a prima facie case...

Source-derived case information.

Citation
[2015] KEHC 1532 (KLR)
Parties
Applicant: Republic; Defendant: Nixon Kiprono Kigen; Defendant: Geoffrey Kibet Ngeno; Defendant: Harun Kipchirchir Langat alias Weldon
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Case 6 of 2012
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
Outcome
Partial acquittal; Accused 3 acquitted, Accused 1 and 2 placed on defence.
Legal Topics
Murder, Prima Facie Case, Acquittal, Criminal Procedure
Source Language
en
Criminal Law Murder Prima Facie Case Acquittal Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Nixon Kiprono Kigen

Defendant

Geoffrey Kibet Ngeno

Defendant

Harun Kipchirchir Langat alias Weldon

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against each accused person to warrant their being placed on their defence.
  2. 2 Whether there was any evidence linking Harun Kipchirchir Langat alias Weldon (Accused 3) to the offence of murder.

Ratio Decidendi

The court found that none of the eight prosecution witnesses gave any evidence implicating Harun Kipchirchir Langat alias Weldon (Accused 3) in the offence of murder. Consequently, the court acquitted Accused 3 under Section 306(2) of the Criminal Procedure Code. In contrast, the court found that a prima facie case had been established against Nixon Kiprono Kigen (Accused 1) and Geoffrey Kibet Ngeno (Accused 2), warranting that they be placed on their defence to answer the charge of murder.

Court Disposition

Partial acquittal; Accused 3 acquitted, Accused 1 and 2 placed on defence.

Orders

  • Harun Kipchirchir Langat alias Weldon (Accused 3) is acquitted under Section 306(2) of the Criminal Procedure Code.
  • Nixon Kiprono Kigen (Accused 1) and Geoffrey Kibet Ngeno (Accused 2) are placed on their defence under Section 306(2) of the Criminal Procedure Code.