[2025] KEHC 1685 (KLR)
The court found that the prosecution's evidence, including direct eyewitness testimony placing the accused at the scene, the sequence of events leading to the assault, and the medical evidence confirming the cause of death, was sufficient to establish a prima facie case against the accused. The court held that the...
Source-derived case information.
- Citation
- [2025] KEHC 1685 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Kipkurui Sang alias Gilbert
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- JK Sergon
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Kipkurui Sang alias Gilbert
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 to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution's evidence, including direct eyewitness testimony placing the accused at the scene, the sequence of events leading to the assault, and the medical evidence confirming the cause of death, was sufficient to establish a prima facie case against the accused. The court held that the threshold for a case to answer had been met, as the evidence adduced, if unrebutted, would be sufficient to establish the accused's guilt. Consequently, the accused was placed on his defence in accordance with Section 211 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence under Section 211 of the Criminal Procedure Code.
- Proceedings to continue in compliance with the said section.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Sang alias Gilbert (Criminal Case 12 of 2020) [2025] KEHC 1685 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1685 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 12 of 2020
JK Sergon, J
February 6, 2025
Between
Republic
Prosecutor
and
Robert Kipkurui Sang alias Gilbert
Accused
Ruling
1. Robert Kipkurui Sang alias Gilbert the Accused herein was charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. Particulars of the information dated the 12th day of June, 2020 are that on the 28th day of May, 2020 at Kipranye Village in Soin/Sigowet Sub - County within Kericho County, murdered Festus Kipkurui Korir.
2. On 17th June, 2020 the accused person took a plea and pleaded not guilty to the charge of murder. The prosecution called seven (7) witnesses who testified in support of its case against the accused herein. The prosecution closed its case.
3. The Learned Counsel representing the accused person urged the court to consider the evidence adduced by the prosecution in its ruling for case to answer.
4. Mr. Musyoki the Learned Senior Assistant Director of Public Prosecution on his part maintained that the prosecution had established a prima facie case against the accused beyond reasonable doubt.
5. This court has considered the prosecution's case at length. Pw . 1 who owns a changaa den testified that on the material day there were eight people at her house consuming changaa, when the accused abruptly peeped into her house and then disappeared, soon thereafter she heard a bang, a stone was thrown and the said stone hit the deceased accused and a scuffle ensued. Pw . 1 testified that while the scuffle ensued the accused menacingly threatened to kill her. Pw . 1 stated that she later learnt that the deceased succumbed while receiving medical treatment at a nearby Health Center. Pw . 2 who was at Pw . 1’s house corroborated the same version of events, he narrated how the accused person threw a stone into the house and the stone hit the deceased on the head and he bled profusely and soon thereafter the accused person fled. Pw . 6 the I.O testified he conducted instituted a thorough investigation of the events that led to the demise of the deceased and that when they got to the scene of crime they found that the accused had fled and that two days after they received information that the accused had surrendered himself at Kabudo Police Station in Nandi County. Pw . 7 a medical officer testified that he conducted an autopsy on the deceased and formed the opinion that the cause of death was severe head injury leading to cardiopulmonary arrest secondary to the assault. I find that the prosecution witness accounts place the accused at the crime scene and there is direct evidence that on the material day, the accused assaulted the deceased who succumbed to the injuries he sustained as a result of the assault.
6. Having considered the testimonies of the prosecution witnesses, the question is whether the evidence tendered establishes a prima facie case against the accused or whether the accused has a case to answer. In Republic v Abdi Ibrahim Owi [2013] eKLR, the court defined a prima facie case as follows:“Prima facie’ is a Latin word defined by Black’s Law Dictionary8th Edition as, “sufficient to establish a fact or raise presumption unless disapproved or rebutted”. ‘Prima facie’ is defined by the same dictionary as “the establishment of a legally required rebuttable presumption.” whereas in Ronald Nyaga Kiura v Republic, the court held: “ It is important to note that at the close of the Prosecution, what is required in law at this stage is for the trial court to satisfy itself that a prima facie case has been made out against the accused person sufficient enough to put him on his defence pursuant to the provisions of Section 211 of the Criminal Procedure Code...”
7. Having considered the material placed before me, I am satisfied that the prosecution has established a prima facie case for the purposes of a finding that the accused has a case to answer.
8. I accordingly place the accused person on his defence, section 211 of the Criminal Procedure Code CAP 75 Laws of Kenya to be complied with.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 6TH DAY OF FEBRUARY, 2025. ………………………J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohP/Counsel – MaunduAccused – No Appearance for Miss Koech for the Accused