[2010] KEHC 497 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses, including expert and investigative testimony, to establish a prima facie case against both accused persons for the offence of murder. Consequently, the accused are required to be put on their defence in accordance with...
Source-derived case information.
- Citation
- [2010] KEHC 497 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Kipkurui Koech; Defendant: Dennis Kipchirchir Koech
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- MJA Emukule
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Kipkurui Koech
Defendant
Dennis Kipchirchir Koech
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 persons to warrant their being put on their defence.
- 2 Whether the evidence adduced meets the threshold under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through seven witnesses, including expert and investigative testimony, to establish a prima facie case against both accused persons for the offence of murder. Consequently, the accused are required to be put on their defence in accordance with Section 306 of the Criminal Procedure Code. The court reminded the accused of their statutory rights regarding the manner of giving their defence and called upon them to elect how they wish to proceed.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Both accused are put on their defence under Section 306 of the Criminal Procedure Code.
- Accused reminded of their statutory rights to give evidence on oath, make an unsworn statement, or remain silent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 16 OF 2010
REPUBLIC…………………………………………….………..............................………………………….PROSECUTOR
VERSUS
VINCENT KIPKURUI KOECH………………………………......................................………………………1ST ACCUSED
DENNIS KIPCHIRCHIR KOECH…………………………..……......................................……………..……2ND ACCUSED
RULING
The Accused, Vincent Kipkurui Koech and Dennis Kipchirchir Koech are both charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code(Cap. 63, Laws of Kenya).
The particulars are that the accused, on the 11th day of February, 2010 at Esageri Trading Centre in Koibatek District within Rift Valley Province murdered Kelvin Kibiwott Ng'etich.
The prosecution called seven witnesses including the Doctor and Investigating Officer. I have considered the evidence on record, and I am satisfied that the prosecution has established a prima facie case against both accused, and I accordingly put them to their defence.
I accordingly remind each of them of his statutory rights under Section 306 of the Criminal Procedure Code(Cap. 75, Laws of Kenya) to give evidence on oath and be subjected to cross-examination and call witnesses; or to give an unsworn statement and be not subjected to cross-examination or to remain silent.
The accused are called upon to elect following the delivery of this ruling which of these rights they wish to exercise.
Dated, delivered and signed at Nakuru this 10th day of December 2010
M. J. ANYARA EMUKULE
JUDGE