REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E008 OF 2024
REPUBLIC………………….……………………..…………….. PROSECUTION
VERSUS
ALEX KIPLAGAT CHEBON ……………………………….……..… ACCUSED
RULING
1) The accused Alex Kiplagat Chebon is charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars were that on the dates between 19 th and 20 th day of June, 2024, at Barsemoi Village of Ewalelsoi Location in Marigat Sub-County within Baringo County , murdered STACY JEBUNGEI .
2) The prosecution called 6 witnesses to prove their case against the accused – the accused person had pleaded not guilty to the charge on 10/7/2024 before Hon. Ngetich Judge as she then was.
3) I took over the matter on 21/4/2026 after the judge heard 5 witnesses. I only heard PW6.
4) At the close of the case for the prosecution the issue is whether the accused person has a case to answer thus being put on the defence.
5) From the evidence on record the deceased is the accused’s infant child – and following a quarrel with his wife – accused is said to have been the last person to be seen with baby when the baby was alone and crying.
6) Section 306 CPC provides: -
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.
7) Having considered the evidence before me, I found that the accused person has a case to answer to warrant him being put on the defence pursuant to section 306 (2) of the CPC.
RULING dated, signed and delivered virtually at Kabarnet High Court this 3 rd July 2026.
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi /Gladys
Accused
Ms. Kogo for accused
Ms. Kosgei for state
Ruling (s. 306 CPC) HCCRC E008 0F 2024 Page 3 of 3
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E008 OF 2024
REPUBLIC………………….……………………..…………….. PROSECUTION
VERSUS
ALEX KIPLAGAT CHEBON ……………………………….……..… ACCUSED
RULING
1) The accused Alex Kiplagat Chebon is charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars were that on the dates between 19 th and 20 th day of June, 2024, at Barsemoi Village of Ewalelsoi Location in Marigat Sub-County within Baringo County , murdered STACY JEBUNGEI .
2) The prosecution called 6 witnesses to prove their case against the accused – the accused person had pleaded not guilty to the charge on 10/7/2024 before Hon. Ngetich Judge as she then was.
3) I took over the matter on 21/4/2026 after the judge heard 5 witnesses. I only heard PW6.
4) At the close of the case for the prosecution the issue is whether the accused person has a case to answer thus being put on the defence.
5) From the evidence on record the deceased is the accused’s infant child – and following a quarrel with his wife – accused is said to have been the last person to be seen with baby when the baby was alone and crying.
6) Section 306 CPC provides: -
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.
7) Having considered the evidence before me, I found that the accused person has a case to answer to warrant him being put on the defence pursuant to section 306 (2) of the CPC.
RULING dated, signed and delivered virtually at Kabarnet High Court this 3 rd July 2026.
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi /Gladys
Accused
Ms. Kogo for accused
Ms. Kosgei for state
Ruling (s. 306 CPC) HCCRC E008 0F 2024 Page 3 of 3