Republic v Kong'a [2025] KEHC 944 (KLR)

Republic v Kong'a (Criminal Case E030 of 2023) [2025] KEHC 944 (KLR) (4 February 2025) (Ruling)

Neutral citation: [2025] KEHC 944 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E030 of 2023

JM Nang'ea, J

February 4, 2025

Between

Republic

Prosecution

and

Jackson Kipkoech Kong'a

Accused

Ruling

1. The accused is charged with the capital offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on 8th August 2023 at K9 Unit, Dog Section of Nakuru East Sub County in Nakuru County he murdered Sgt. Christopher Kimeli.

2. The accused denied the offence. The prosecution has called 10 witnesses whose evidence I have perused against the defence Counsel’s submissions and the charge. The prosecution has not put in their submissions.

3. The court finds that a prima facie case has been made out warranting putting the accused on his defence. It is established judicial practice not to give reasons for such decision so that an impression is not created that the court has already made up its mind before hearing any defence that the accused may present.

4. The accused is accordingly put on his defence to the charge.

J. M. NANG’EA, JUDGE.RULING DELIVERED THIS 4TH DAY OF FEBRUARY, 2025 IN THE PRESENCE OF:Ms Sang for the DPPDefence Counsel, Mr. Mong’eriAccused, PresentCourt Assistant (Jeniffer)J. M. NANG’EA, JUDGE.