REPUBLIC v GILBERT MUTAI & another [2010] eKLR

Kenya Law

Automated Summary

Key Facts

The accused, Gilbert Mutai and Hillary Kiprotich, are charged with the murder of Stephen Kipngenyo Korir on October 29, 2008, in Kusumek village, Buret District, Rift Valley Province. The court has determined there is a case to answer and has put the accused on their defense, allowing them to remain silent, testify, or call witnesses for the trial.

Holdings

The court concluded there is a case to answer and ordered the accused to be put on their defence.

Remedies

The accused are put on their defense and a hearing date will be set after defense counsel informs the court. The accused may remain mum, testify on oath, or make an unsworn statement from the dock. Each can also call witnesses.

Legal Principles

Burden of Proof

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.
  • DATED at KERICHO this 23rd day of November, 2010