[2022] KEHC 11340 (KLR)
The court found that the prosecution had established a prima facie case against the 1st accused, Simion Kibii Tirop, and the 6th accused, Francis Njeri Inonda, warranting them to be placed on their defence. However, the evidence against the 2nd, 3rd, 4th, 5th, 7th, 8th, and 9th accused persons was insufficient to...
Source-derived case information.
- Citation
- [2022] KEHC 11340 (KLR)
- Parties
- Applicant: Republic; Defendant: Simion Kibii Tirop; Defendant: Francis Njeri Inonda; Defendant: Luka Ombima Musiaba; Defendant: Michael Kipkoech Too; Defendant: Edwin Shiatukha Luyiakha; Defendant: David Kipchirchir Bett; Defendant: Kefa Adero Machi; Defendant: Alfred Kidali; Defendant: Mikadoli Ochiel Omukoko
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Partial acquittal; case to answer for two accused.
- Judges
- AN Ongeri
- Legal Topics
- Prima Facie Case, Case to Answer, Acquittal, Criminal Procedure Code, Defence Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simion Kibii Tirop
Defendant
Francis Njeri Inonda
Defendant
Luka Ombima Musiaba
Defendant
Michael Kipkoech Too
Defendant
Edwin Shiatukha Luyiakha
Defendant
David Kipchirchir Bett
Defendant
Kefa Adero Machi
Defendant
Alfred Kidali
Defendant
Mikadoli Ochiel Omukoko
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 each accused person to warrant them to be placed on their defence.
- 2 Whether any of the accused persons should be acquitted under section 210 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the 1st accused, Simion Kibii Tirop, and the 6th accused, Francis Njeri Inonda, warranting them to be placed on their defence. However, the evidence against the 2nd, 3rd, 4th, 5th, 7th, 8th, and 9th accused persons was insufficient to establish a prima facie case. Consequently, those accused were acquitted under section 210 of the Criminal Procedure Code. The court directed that the 1st and 6th accused comply with section 211 of the Criminal Procedure Code and present their defence at a later date.
Court Disposition
Partial acquittal; case to answer for two accused.
Orders
- 1st and 6th accused to be placed on their defence.
- 2nd, 3rd, 4th, 5th, 7th, 8th, and 9th accused acquitted under section 210 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Simion Kibii Tirop & 8 others (Criminal Case 32 of 2016) [2022] KEHC 11340 (KLR) (20 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11340 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 32 of 2016
AN Ongeri, J
May 20, 2022
Between
Republic
Prosecution
and
Simion Kibii Tirop & 8 Others
Accused
Ruling
1. Upon considering the evidence adduced by the prosecution in this case, I find that the prosecution has established a prima facie case against A1, (Simion Kibii Tirop),and A6 (Francis Njeri Inonda) to warrant them to be placed on their defence.
2. I accordingly rule that the 1st accused person, simion kibii tirop, and the 6th accused person Francis Njeri Inonda have a case to answer.
3. Section 211 of the Criminal Procedure Code to be complied with in respect of A1 and A6.
4. However, for reasons to be given at a later stage, this court rules that the 2nd accused person Luka Ombima Musiaba, the 3rd accused person Michael Kipkoech Too,the 4th accused person , Edwin Shiatukha Luyiakha,the 5th accused person, David Kipchirchir Bett, the 7th accused person Kefa Adero Machi, the 8th accused person Alfred Kidali and 9th accused person Mikadoli Ochiel Omukoko have no case to answer and I acquit them under section 210 of the Criminal Procedure Code.
5. The sureties for accused 2, accused 3, accused 4, accused 5, accused 7, accused 8 and accused 9 to be discharged forthwith.
6. Accused 1 and accused 6 to avail themselves in court on 22/9/2022 for defence hearing. Their bonds extended.
Delivered, dated and signed at Kericho this 20th day of May, 2022. A. N. ONGERIJUDGE