Republic v Koech (Criminal Case E018 of 2023) [2026] KEHC 10022 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 10022 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KABARNET CRIMINAL CASE E018 OF 2023 TM MATHEKA, J JULY 3, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND PHILIP KIPROP KOECH ........................................................................... ACCUSED RULING 1. The accused Philip Kiprop Koech is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the ofience is that on the dates between 28th and 29th day of July, 2023 at Chemariech Village of Mochongoi Ward in Marigat Sub-County within Baringo County murdered Samuel Kiprotich Kipsangut. 2. The accused denied the ofience on 16/8/2024 before Ngetich J (ash she was then was). 3. The matter was heard by the Hon Ngetich Judge as she then was (7 witnesses). 4. I took over the matter on 21/4/2026 when it was pending Ruling whether or not the accused had a case to answer after the prosecution closed its case. 5. Upon compliance with section 200 of the CPC the accused person opted to have the matter proceed from where it had stopped. 6. Upon closure of the case for the prosecution, section 306 of the CPC kicks in– and the court has 2 options – either to put accused on the defence/acquit him. To do either of these the court is required to consider the evidence on record. 7. I have carefully considered the evidence. At this time, I am not obliged to give reasons – for the finding I make lest it presents an embarrassment as I have not heard the accused. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10022/eng@2026-07-03 1
page 1 of 2
8. Taking into account the ingredients of murder – there is a deceased person, there are persons who say they witnessed incident between the accused and the deceased which make accuse the prime suspect for the death of deceased. 9. These circumstances present a prima facie case upon which the accused person is put on the defence pursuant to section 306(2) of the Criminal Procedure Code. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 3RD JULY 2026. MUMBUA T MATHEKA JUDGE In the presence of Momanyi/Gladys – Court Assistants. Ms. Kosgei for the State. Kipkulei for the Accused. Accused https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10022/eng@2026-07-03 2
page 2 of 2