[2015] KEHC 2908 (KLR)
The court found that, upon evaluation of the evidence of all seven prosecution witnesses, and in particular the testimonies of PW1, PW5, PW6, and PW7, the prosecution had established a prima facie case against the accused. The court applied the standard set out in Bhatt v Republic [1957] E.A. 332, holding that the...
Source-derived case information.
- Citation
- [2015] KEHC 2908 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Chebon Komen
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence.
- Judges
- K Kimondo
- Legal Topics
- Murder, 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
Stephen Chebon Komen
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, upon evaluation of the evidence of all seven prosecution witnesses, and in particular the testimonies of PW1, PW5, PW6, and PW7, the prosecution had established a prima facie case against the accused. The court applied the standard set out in Bhatt v Republic [1957] E.A. 332, holding that the evidence was sufficient to require the accused to be placed on his defence. Accordingly, pursuant to section 306(2) of the Criminal Procedure Code, the accused was called upon to enter his defence.
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
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 4 OF 2008
REPUBLIC..…........................................................................PROSECUTOR
VERSUS
STEPHEN CHEBON KOMEN.....…...............................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the 4th November 2007 at Milimani Village, Yatoi Sub-Location, Marigat Division, in Baringo County of the Rift Valley Province, he murdered Emmanuel Tarus.
2. The accused pleaded not guilty. The prosecution called seven witnesses. I have evaluated the evidence of all those witnesses. I have in particular paid heed to the testimony of PW1, PW5, PW6 and PW7. I have also considered the written submissions by the learned State Counsel and those by the learned counsel for the defence filed on 7th and 8th May 2015 respectively. Relying on the precedent in Bhatt v Republic [1957] E.A. 332; and, on the totality of the evidence, I am persuaded that the State has established a prima facie case against the accused. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now place the accused on his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 15th day of June 2015.
GEORGE KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. R. N. Karanja for the State.
Mr. J. Kemboi, Court clerk.