KBT HCCRC NO. E012/2025
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E012 OF 2025
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
TYSON KIPTOO YEGON …………………………...…….………ACCUSED
RULING
(1) The accused TYSON KIPTOO YEGON is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 9/5/2025 at Sichei Village Kapropita Soi Location, Salawa Division, Baringo Central Sub-County, Baringo County, he murdered his grandmother SOTE CHEPKWONY.
(2) I heard 7 witnesses, and at the close of the case for the prosecution the issue is whether there is a prima facie case upon which the accused should be put on the defence.
(3) Section 306 of the Criminal Procedure Code provide 2 options for the court at this stage. it states
306. 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.
(4) A prima facie case is “one on which a reasonable tribunal, properly directing its mind to the law and evidence could convict if no explanation is offered by the defence” see Bhatt Vs R [1957] EA 332, Anthony Njue Njeru vs R Court of Appeal Nairobi Criminal Appeal No. 77/2006.
(5) The trial court is however discouraged from giving reasons for its finding at this stage to avoid the appearance that the court has already made up its mind, yet it has not heard the defence see among others Eustace Kibera Karimi v R HCCR(Nairobi) Criminal Appeal 911/1978 , Festo Wandera Mukando vs R [1980] KLR 103.
(6) From the foregoing having heard the evidence, and considered the same, I find that the accused person has a case to answer and will be put on the defence pursuant to section 306 (2) of the Criminal Procedure Code.
RULING dated signed and delivered virtually this 29 th May 2026
MUMBUA T MATHEKA
JUDGE
Ruling (Case to Answer?) HCCRC E012 of 2025 Page 3 of 3
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E012 OF 2025
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
TYSON KIPTOO YEGON …………………………...…….………ACCUSED
RULING
(1) The accused TYSON KIPTOO YEGON is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 9/5/2025 at Sichei Village Kapropita Soi Location, Salawa Division, Baringo Central Sub-County, Baringo County, he murdered his grandmother SOTE CHEPKWONY.
(2) I heard 7 witnesses, and at the close of the case for the prosecution the issue is whether there is a prima facie case upon which the accused should be put on the defence.
(3) Section 306 of the Criminal Procedure Code provide 2 options for the court at this stage. it states
306. 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.
(4) A prima facie case is “one on which a reasonable tribunal, properly directing its mind to the law and evidence could convict if no explanation is offered by the defence” see Bhatt Vs R [1957] EA 332, Anthony Njue Njeru vs R Court of Appeal Nairobi Criminal Appeal No. 77/2006.
(5) The trial court is however discouraged from giving reasons for its finding at this stage to avoid the appearance that the court has already made up its mind, yet it has not heard the defence see among others Eustace Kibera Karimi v R HCCR(Nairobi) Criminal Appeal 911/1978 , Festo Wandera Mukando vs R [1980] KLR 103.
(6) From the foregoing having heard the evidence, and considered the same, I find that the accused person has a case to answer and will be put on the defence pursuant to section 306 (2) of the Criminal Procedure Code.
RULING dated signed and delivered virtually this 29 th May 2026
MUMBUA T MATHEKA
JUDGE
Ruling (Case to Answer?) HCCRC E012 of 2025 Page 3 of 3