Republic v David Kipkoech Keter [2015] KEHC 3644 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

HIGH COURT CRIMINAL CASE NO. 33 OF 2013

REPUBLIC----------------------------------------PROSECUTOR

VS.

DAVID KIPKOECH KETER--------------------------ACCUSED

R U L I N G

The accused faces a Charge of Murder Contrary to Section 203 & 204 of the Penal Code.

A total of 7 witnesses have testified for the Prosecution.  I have considered the submissions by both the Counsels appearing. The cause of death is clear – a penetrating injury.

Though the evidence is circumstantial I am satisfied it places the accused at the Locus quo. I find the accused to have a case to answer, and I hereby place him on his defence of Murder Section 306 (2) Criminal Procedure Code (CPC).

Dated, Signed and delivered in open Court this 23rd day of July 2015

H. I ONG'UDI

JUDGE.

In the Presence of

Mr. Kivali for state

Mr. Miruka for accused – absent

Hillary/Robert Cheruiyot – Court Assistants.

Interprates: Eng/Kipsigis.