Republic v Josphat Kipruto Bett [2015] KEHC 6932 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CRIMINAL CASE NO. 42 OF 2011

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

VERSUS

JOSPHAT KIPRUTO BETT….....….............................................ACCUSED

RULING

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 18th June 2011 at 3. 00am at Chepkemei location within Nandi County, jointly with others not before the court, he murdered James Kipruto. The accused has pleaded not guilty. Seven witnesses were called by the prosecution.  I have in particular considered the evidence of PW1, PW5 and PW7.

On the totality of that evidence, 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 22nd day of January 2015.

GEORGE KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

The accused.

Ms. Karuga for Mr. Miyienda for the accused.

Ms. Mwaniki for the State.

Mr. J. Kemboi, Court clerk.