REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E024 OF 2023
REPUBLIC …………………………………………………….…PROSECUTOR
VERSUS
MOSES MARTIM CHEBET LIMO………..………………..…………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.
Either there is evidence sufficient to put the accused on his defence – or there is insufficient evidence to put on his defence.
In the former , the court is discouraged from giving detailed reasons so as not to appear as if the court has already made its mind without hearing the accused person.
In the latter – the court must give reasons.
(2) In this case Moses Martim Chebet Limo is charged that on 29/10/2023 at Kaptere Village Kaptere Sub-Location Baringo North Sub-County he murdered his brother Alfonce Chepkangor.
The matter proceeded before Ngetich J as she then was – who heard 6 witnesses. I only heard the government analyst – Pw7.
I have perused the evidence on record – and what I heard – and there is circumstantial evidence to warrant the accused person being put on his defence in accordance with section 306 (2) of the Criminal Procedure Code .
It is so ordered
RULING dated, signed and delivered virtually at Kabarnet High Court this 9 th June 2026
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi/Gladys
Ms Kogo for accused
Mr Koech for state
Accused present
RULING HCCRC E024 OF 2023 Page 2 of 2
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E024 OF 2023
REPUBLIC …………………………………………………….…PROSECUTOR
VERSUS
MOSES MARTIM CHEBET LIMO………..………………..…………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.
Either there is evidence sufficient to put the accused on his defence – or there is insufficient evidence to put on his defence.
In the former , the court is discouraged from giving detailed reasons so as not to appear as if the court has already made its mind without hearing the accused person.
In the latter – the court must give reasons.
(2) In this case Moses Martim Chebet Limo is charged that on 29/10/2023 at Kaptere Village Kaptere Sub-Location Baringo North Sub-County he murdered his brother Alfonce Chepkangor.
The matter proceeded before Ngetich J as she then was – who heard 6 witnesses. I only heard the government analyst – Pw7.
I have perused the evidence on record – and what I heard – and there is circumstantial evidence to warrant the accused person being put on his defence in accordance with section 306 (2) of the Criminal Procedure Code .
It is so ordered
RULING dated, signed and delivered virtually at Kabarnet High Court this 9 th June 2026
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi/Gladys
Ms Kogo for accused
Mr Koech for state
Accused present
RULING HCCRC E024 OF 2023 Page 2 of 2