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Peter Kipkorir Maritim, the Accused Person herein is before this Court on trial for the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the offence are that on 30 th May, 2019 at Sogobet Village Chepseon Ward Londiani Sub-County within Kericho County, the Accused murdered Robert Korir Kiprono . The Prosecution summoned a total of eight (8) witnesses to testify in support of its case before closing its case.
At the close of the Prosecution’s case, parties were invited to submit on whether or not the Accused has a case to answer. I have evaluated the evidence of the eight (8) Prosecution Witnesses. I have also considered the submissions filed by the defence.
At the time of writing this ruling, the Prosecution had not filed its submissions. It’s the submission of the Accused that the Prosecution failed to demonstrate that the Accused Person was the one who committed the offence of Murder. The Accused stated that no evidence were laid to connect him with the murder of the deceased.
It is further, the argument of the Accused that the Prosecution failed to tender evidence establishing the malicious intent on his part. It was pointed out that the deceased could have died as a result of falling on the gate when the gate swung wide open.
A careful consideration of the evidence particularly that of PW.1 clearly placed the Accused at the scene of crim. PW.1 further states that he saw the Accused assault the deceased with a stick which he plucked from his fence. The Doctor (PW.7) testified confirming that the cause of death was trauma to the head due to a blunt object.
In the end, I am satisfied that the Prosecution have established a Prima Facie case thus necessitating the Accused to be placed on his defence.
Consequently, the Accused namely: Peter Kipkorir Maritim is placed on his defence. He and his legal advisor should inform this Court whether he is going to testify personally and if yes, whether he will give sworn or unsworn testimony. The Accused and his legal advisor should also indicate whether he is going to summon independent witnesses to testify in support of his defence.
Dated, signed and delivered at Kericho this 30th day of October, 2025.
J. K. SERGON
JUDGE
In the Presence of:-
C/Assistant – Rutoh
Accused – Present in Person
Masisa for ODPP
Mwita for the Accused
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Peter Kipkorir Maritim, the Accused Person herein is before this Court on trial for the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the offence are that on 30 th May, 2019 at Sogobet Village Chepseon Ward Londiani Sub-County within Kericho County, the Accused murdered Robert Korir Kiprono . The Prosecution summoned a total of eight (8) witnesses to testify in support of its case before closing its case.
At the close of the Prosecution’s case, parties were invited to submit on whether or not the Accused has a case to answer. I have evaluated the evidence of the eight (8) Prosecution Witnesses. I have also considered the submissions filed by the defence.
At the time of writing this ruling, the Prosecution had not filed its submissions. It’s the submission of the Accused that the Prosecution failed to demonstrate that the Accused Person was the one who committed the offence of Murder. The Accused stated that no evidence were laid to connect him with the murder of the deceased.
It is further, the argument of the Accused that the Prosecution failed to tender evidence establishing the malicious intent on his part. It was pointed out that the deceased could have died as a result of falling on the gate when the gate swung wide open.
A careful consideration of the evidence particularly that of PW.1 clearly placed the Accused at the scene of crim. PW.1 further states that he saw the Accused assault the deceased with a stick which he plucked from his fence. The Doctor (PW.7) testified confirming that the cause of death was trauma to the head due to a blunt object.
In the end, I am satisfied that the Prosecution have established a Prima Facie case thus necessitating the Accused to be placed on his defence.
Consequently, the Accused namely: Peter Kipkorir Maritim is placed on his defence. He and his legal advisor should inform this Court whether he is going to testify personally and if yes, whether he will give sworn or unsworn testimony. The Accused and his legal advisor should also indicate whether he is going to summon independent witnesses to testify in support of his defence.
Dated, signed and delivered at Kericho this 30th day of October, 2025.
J. K. SERGON
JUDGE
In the Presence of:-
C/Assistant – Rutoh
Accused – Present in Person
Masisa for ODPP
Mwita for the Accused
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