Republic v Cleophas Kipketer Keino [2017] KEHC 5166 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL CASE NO. 20 OF 2008

REPUBLIC.........................................................................PROSECUTOR

VERSUS

CLEOPHAS KIPKETER KEINO.….............................................ACCUSED

RULING

1. The accused is charged with two counts of murder contrary to section 203 as read with section 204 of the Penal Code.

2. The particulars are that on 28th April 2008 at Kibwareng Location in Nandi South District of the Rift Valley Province, he murdered Abel Kipkorir and Emmanuel Kibet.

3. He pleaded notguilty. The prosecution called sevenwitnesses. I have considered the evidence surrounding the homicide in this case. I have in particular paid close attention to the evidence of PW1, PW2 and PW3. The three were eye witnesses to the attack by the accused on the two deceased children. I have pieced their evidence together with that of PW4, PW5, PW6 (the pathologist) and PW7.

4. On the summation of the evidence of the seven witnesses, I am persuaded that the Republic has established a prima facie case against the accused.  See Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949).

5. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I put the accused on his defence.

It is so ordered.

DATED, SIGNED and DELIVERED at ELDORET this 6th day of June 2017.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Mr. Nyambegera for the accused.

Ms. Kegehi for the Republic.

Mr. J. Kemboi, Court Clerk.