[2015] KEHC 705 (KLR)
The court found that the prosecution, having called seven witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2015] KEHC 705 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Kipkoskei Bett
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer (prima Facie Case)
- Outcome
- accused placed on his defence
- Legal Topics
- Murder Charge, 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
Philip Kipkoskei Bett
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer (prima Facie Case)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but confirms that the prosecution's evidence meets the threshold to call for an answer from the accused.
Court Disposition
accused placed on his defence
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 26 OF 2011
REPUBLIC------------------------------------------------------------------PROSECUTOR
VS.
PHILIP KIPKOSKEI BETT-----------------------------------------------------ACCUSED
RULING
The accused faces a charge of Murder Contrary to Section 203 as read with Section 204 of Penal Code. The prosecution called a total of seven (7) witnesses.
- After evaluation of the evidence on record I am satisfied that the prosecution has established a prima faciecase against the accused who I hereby place on his defence under Section 306 (2) of Criminal Procedure Code.
Dated, Signed and Delivered in open Court this 22nd day of December, 2015.
H.I. ONG'UDI
JUDGE.