Republic v Simion Kibii Tirop & 8 others [2022] KEHC 11340 (KLR)

Republic v Simion Kibii Tirop & 8 others (Criminal Case 32 of 2016) [2022] KEHC 11340 (KLR) (20 May 2022) (Ruling)

Neutral citation: [2022] KEHC 11340 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 32 of 2016

AN Ongeri, J

May 20, 2022

Between

Republic

Prosecution

and

Simion Kibii Tirop & 8 Others

Accused

Ruling

1. Upon considering the evidence adduced by the prosecution in this case, I find that the prosecution has established a prima facie case against A1, (Simion Kibii Tirop),and A6 (Francis Njeri Inonda) to warrant them to be placed on their defence.

2. I accordingly rule that the 1st accused person, simion kibii tirop, and the 6th accused person Francis Njeri Inonda have a case to answer.

3. Section 211 of the Criminal Procedure Code to be complied with in respect of A1 and A6.

4. However, for reasons to be given at a later stage, this court rules that the 2nd accused person Luka Ombima Musiaba, the 3rd accused person Michael Kipkoech Too,the 4th accused person , Edwin Shiatukha Luyiakha,the 5th accused person, David Kipchirchir Bett, the 7th accused person Kefa Adero Machi, the 8th accused person Alfred Kidali and 9th accused person Mikadoli Ochiel Omukoko have no case to answer and I acquit them under section 210 of the Criminal Procedure Code.

5. The sureties for accused 2, accused 3, accused 4, accused 5, accused 7, accused 8 and accused 9 to be discharged forthwith.

6. Accused 1 and accused 6 to avail themselves in court on 22/9/2022 for defence hearing. Their bonds extended.

Delivered, dated and signed at Kericho this 20th day of May, 2022. A. N. ONGERIJUDGE