REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E003 OF 2025
REPUBLIC …………………………………………………….…..PROSECUTOR
VERSUS
MICHAEL CHEBOI………..…………………………….……………ACCUSED
RULING
(1) At the close of the case for the prosecution in a matter where the accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code – the trial court is bound to consider the evidence on record in light of section 306 of the Criminal Procedure Code. Section 306 of the Criminal Procedure Code gives the trial court 2 options:-
Close of case for prosecution
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.
(2) In this case Michael Cheboi is charged with the murder of his wife Margaret Toyoi Chelimo on 29/1/2025 at Nawe Village, Yatya Location, Baringo North Baringo County.
(3) The evidence on record of Pw1, Pw2, Pw3, Pw4, Pw5, Pw6, Pw7 was heard by Ngetich J (as she then was) and I heard Pw8 – the government analyst and Pw9 – the doctor who conducted the postmortem examination.
(4) From the evidence the only issue for determination is which of the 2 options under section 306 of the Criminal Procedure Code is applicable to this case.
(5) Having read the evidence on record, and considered the evidence I heard I find that the accused person has a case to answer and would be put on the defence in accordance with section 306 (2) of the Criminal Procedure Code.
(6) Orders accordingly
RULING dated, signed and delivered virtually at Kabarnet High Court this 9 th June 2026
MUMBUA T MATHEKA
JUDGE
In the presence of :-
Momanyi/Galdys
Mr. Koech for state
Accused
Ms Barasah for accused
RULING HCCRC E003 OF 2025 Page 2 of 2
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E003 OF 2025
REPUBLIC …………………………………………………….…..PROSECUTOR
VERSUS
MICHAEL CHEBOI………..…………………………….……………ACCUSED
RULING
(1) At the close of the case for the prosecution in a matter where the accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code – the trial court is bound to consider the evidence on record in light of section 306 of the Criminal Procedure Code. Section 306 of the Criminal Procedure Code gives the trial court 2 options:-
Close of case for prosecution
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.
(2) In this case Michael Cheboi is charged with the murder of his wife Margaret Toyoi Chelimo on 29/1/2025 at Nawe Village, Yatya Location, Baringo North Baringo County.
(3) The evidence on record of Pw1, Pw2, Pw3, Pw4, Pw5, Pw6, Pw7 was heard by Ngetich J (as she then was) and I heard Pw8 – the government analyst and Pw9 – the doctor who conducted the postmortem examination.
(4) From the evidence the only issue for determination is which of the 2 options under section 306 of the Criminal Procedure Code is applicable to this case.
(5) Having read the evidence on record, and considered the evidence I heard I find that the accused person has a case to answer and would be put on the defence in accordance with section 306 (2) of the Criminal Procedure Code.
(6) Orders accordingly
RULING dated, signed and delivered virtually at Kabarnet High Court this 9 th June 2026
MUMBUA T MATHEKA
JUDGE
In the presence of :-
Momanyi/Galdys
Mr. Koech for state
Accused
Ms Barasah for accused
RULING HCCRC E003 OF 2025 Page 2 of 2