Automated Summary
Key Facts
The accused, Gilbert Mutai and Hillary Kiprotich, were charged with jointly murdering Stephen Kipngenyo Korir on 2008-10-29 at Kusumek village in Buret District, Rift Valley Province, under Sections 203 and 204 of the Penal Code. The High Court of Kenya at Kericho found sufficient evidence to proceed to trial on 2010-11-23.
Issues
The accused are charged with murder under Section 203 as read with Section 204 of the Penal Code. The court must determine whether the evidence establishes that the accused jointly committed murder against STEPHEN KIPNGENO KORIR on October 29, 2008, in Kusumek village, Buret District.
Legal Principles
- The court applied the principle of Actus Reus (the physical act of murder) as a foundational element for the charge under Sections 203 and 204 of the Penal Code.
- The ruling implicitly relied on Mens Rea (intent to commit murder) as a necessary component of the offense under the cited Penal Code sections.
Cited Statute
Penal Code
Judge Name
G. B. M. Kariuki, SC
Passage Text
- I have perused the evidence adduced in support of the charge. I have come to the conclusion that there is a case to answer. I therefore put the accused on their defence.
- The accused are charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that the accused "... on the 29th day of October, 2008 at Kusumek village in Buret District within Rift Valley Province jointly murdered STEPHEN KIPNGENO KORIR"