Republic v Fred Masaki Feda [2017] KEHC 7445 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL CASE NO. 40 OF 2012

REPUBLIC..…................................................................................PROSECUTOR

VERSUS

FRED MASAKI FEDA…........…......…..................................................ACCUSED

RULING

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

2. The particulars are that on the 28th May 2012, at Uswa village, Kaplolo Location, Moiben Division, Uasin Gishu District of the Rift Valley Province, he murdered Moses Kiza Khisa.

3. He pleaded notguilty. The prosecution called sixwitnesses. I have considered the circumstantial evidence surrounding the homicide. I am alive that no eye witness came forward. Nevertheless, I have paid close attention to the evidence of PW3, PW4, PW5 and PW6. I have also considered the submissions by the learned prosecution counsel filed on 9th February 2017; and, those by the learned defence counsel filed on 13th February 2017.

4. On the summation of the evidence of the six witnesses; and, in particular that of PW6, 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 28th day of February 2017.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. Tigoi holding brief for Mrs. Lagat for the accused.

Mrs. Chelashaw holding brief for Ms. Oduor for the Republic.

Mr. J. Kemboi, Court Clerk.