Republic v Henry Kiplimo [2015] KEHC 6549 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL CASE NO. 43 OF 2006

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

VERSUS

HENRY KIPLIMO…………….....…...............................................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 night of 22nd September 2006 at Chebarus Location in Nandi South District of the Rift Valley Province, he murdered Jane Chelagat Chepkwony.

2. The accused pleaded not guilty. The prosecution called fifteen witnesses. I have evaluated the evidence of all those witnesses. I have considered the written submissions by the learned State Counsel and those by the learned counsel for the defence. I have also considered the precedent in Bhatt v Republic [1957] E.A. 332.

3. On the totality of the evidence and the precedents, 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 19th day of February 2015.

GEORGE KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. Shilwatso for the accused.

Mr. Mulati for the State.

Mr. J. Kemboi, Court clerk.