Republic v Korir [2023] KEHC 26664 (KLR)

Republic v Korir (Criminal Case 23 of 2016) [2023] KEHC 26664 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26664 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 23 of 2016

JK Sergon, J

December 14, 2023

Between

Republic

Prosecutor

and

Geoffrey Kiplimo Korir

Accused

Ruling

1. Geoffrey Kiplimo Korir the Accused herein was charged with the information of Murder Contrary to Section 203 as read with 204 of the Penal Code. Particulars of the information dated June 22, 2016 are that on June 20, 2016 at Tabaita Village, Ainamoi Location within Kericho County the accused murdered Betty Chelangat Korir.

2. The accused person according to the court records, was arrested on June 21, 2016 and arraigned in court on June 22, 2016. The accused person was mentally examined on June 21, 2016 and found to be mentally sound and fit to stand trial.

3. On July 13, 2016, the accused person took plea and pleaded not guilty to the charge of murder.

4. The prosecution called eight (8) witnesses who testified in support of its case against the accused herein.

5. The court, at this stage, is considering whether the accused has a case to answer. A case to answer was defined in the holding of the caseRepublic v Joseph Shitandi & Anor (2014) eKLR as follows:-“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.” The trial court is however cautioned that at this stage, it should not make definitive findings should it conclude that the accused has a case to answer. In Festo Wandera Mukando v Republic [1980] KLR 103, the court held:“...we draw attention to the inadvisability of giving reasons for holding that an accused has a case to answer. It can prove embarrassing to the court and, and an extreme case, may require an appellate court to set aside an otherwise sound judgment. Where a submission of “no case” to answer is rejected, the court should say no more than that it is. It is otherwise where the submission is upheld when reasons should be given; for then that is the end to the case or the count or counts concerned.”

6. Having considered the material placed before me, I am satisfied that the prosecution have established a prima facie case against the accused person to warrant him to be placed on his defence. I therefore find that the accused herein Geoffrey Kiplimo Korir has a case to answer and he is therefore placed on his defence. The accused and his advocate should indicate to this Court whether he is going to testify in person and if yes, whether he will give sworn or unsworn testimony. He should also indicate whether he will summon independent witness.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 14TH DAY OF DECEMBER, 2023J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohMusyoki for the StateAccused – Present in PersonSang for the Accused