Republic v Kurere & 3 others [2022] KEHC 11632 (KLR)

Republic v Kurere & 3 others (Criminal Case 59 of 2017) [2022] KEHC 11632 (KLR) (21 July 2022) (Ruling)

Neutral citation: [2022] KEHC 11632 (KLR)

Republic of Kenya

In the High Court at Kabarnet

Criminal Case 59 of 2017

WK Korir, J

July 21, 2022

Between

Republic

Prosecution

and

Samson Korir Kurere

1st Accused

Rael Sote Korir

2nd Accused

Bismack Kipchumba

3rd Accused

Francis Tanui

4th Accused

Ruling

1. On 21st March, 2021 I took this matter into my custody for the purpose of writing a ruling as to whether the accused persons have a case to answer. I slotted the ruling for 28th April, 2022. When the matter came up for ruling, the 4th Accused informed the Court that the 3rd Accused had died in a road accident on 1st April, 2022. It has been officially confirmed by the prosecution that the 3rd Accused, Bismack Kipchumba, is indeed deceased. The case against him has now been terminated.

2. This ruling is therefore in respect of the 1st, 2nd and 4th accused persons. Upon considering the evidence adduced by the prosecution witnesses, I find that the 1st, 2nd and 4th accused persons have a case to answer. Each one of them is therefore placed on his/her defence. I will therefore proceed to comply with Section 306(2) of the Criminal Procedure Code.

DATED, SIGNED AND DELIVERED AT KABARNET THIS 21ST DAY OF JULY, 2022. W. KORIR,JUDGE OF THE HIGH COURT