Republic v Kemei & another [2023] KEHC 24757 (KLR)

Republic v Kemei & another (Criminal Case 18 of 2018) [2023] KEHC 24757 (KLR) (2 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24757 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 18 of 2018

JK Sergon, J

November 2, 2023

Between

Republic

Prosecution

and

Collins Kiprotich Kemei

1st Accused

Geoffrey Kipngeno Bett Alias Pemba

2nd Accused

Ruling

1. Collins Kiprotich Kemei and Geoffrey Kipngeno Bett alias Pemba the Accused herein were charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. The Particulars of the information are that on 13th July, 2018 at around 2130 Hours at Brooke Trading Centre, Ainamoi Sub - County within Kericho County the accused murdered Caleb Kipkirui Korir.

2. The accused persons according to the court records, were arrested on 6th August, 2018 and arraigned in court on 8th August, 2018. The accused persons were mentally examined on 8th August, 2018 and found to be mentally sound and fit to stand trial.

3. On 24th September 2018, the accused persons took plea and pleaded not guilty to the charge of murder. However, Collins Kiprotich Kemei (the 1st accused herein) entered into a plea bargaining agreement dated 26th June, 2019 and pleaded to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code CAP 63 Laws of Kenya. Pursuant to the plea bargaining agreement was convicted and subsequently sentenced to serve eight (8) years imprisonment on 17th September, 2019.

4. The prosecution called six (6) witnesses who testified in support of its case against Geoffrey Kipngeno Bett alias Pemba (the 2nd accused herein).

5. Having considered the material placed before me plus the evidence, I am satisfied that the prosecution has established a prima facie case necessitating the Accused to be placed on his defence.

6. I accordingly, the accused has a case to answer hence he is placed on his defence,

DATED, SIGNED AND DELIVERED AT KERICHO THIS 2ND DAY OF NOVEMBER, 2023. .....................J. K. SERGONJUDGE