1.Robert Kipkorir Tonui (Accused) was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that on the 7th day of October 2020 at Seanin village in Toboino sub-location, Konoin sub-county within Bomet County, he murdered Emmy Chepkoech Mitei.
2.The Accused took plea on 26th October 2020 and denied the charge. His trial commenced on 6th October, 2021. To prove their case against him, the Prosecution called a total of sixteen (16) witnesses and produced 17 exhibits.
3.At the close of the Prosecution case both parties were required to file submissions on case or no case to answer.
4.The Prosecution filed submissions dated 26th September, 2023 while the Accused’s submissions were dated 29th November, 2022. In their extensive submissions the Prosecution restated the evidence of the prosecution witnesses and urged that the same had clearly established a prima facie case against the Accused as it proved the elements of the offence.
5.The defence also filed extensive submissions in which they sought to demonstrate that the prosecution evidence had not established the elements of the offence. They urged the court not to place the Accused on his defence as that would be tantamount to making him fill in the gaps in the prosecution case.
6.At this stage of the proceedings what this court is required to do is to establish whether a prima facie case against the Accused has been determine by the Prosecution. In the case of Ronald Nyaga Kiura Vs. Republic (2018) eKLR, Limo J. held:-
7.In determining whether the Prosecution has established a prima facie case against the Accused, I warn myself against making definitive findings at this stage of the trial. I am persuaded by the case of Republic V Robert Zippor Nzilu (2020) eKLR, where Odunga J. (as he then was) held that:-
8.Similarly, the Court of Appeal in Anthony Njue Njeru vs Republic (2006) eKLR held that:-
9.I have carefully considered the evidence on record while bearing in mind the elements of the offence. I have also carefully considered the respective submissions of the parties. I am satisfied that the prosecution has established a prima facie case against the Accused.
10.It is my finding that the accused has a case to answer and is hereby placed on his defence in accordance to section 211 of the Criminal Procedure Code. He shall elect his mode of defence in accordance with Section 306 of the criminal procedure code.