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JudgmentRepublic VS ANN NDUNGE NZIVI1 min read

Republic VS ANN NDUNGE NZIVI

High Court at Makueni High Court · · Matheka, Teresia Mumbua

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1. On 12/11/2024, the accused person was left at home with he r 3 children who included JM aged 7 years and BM aged 4 years.
2. Sometime later screams were heard from the home – accused saying that her children had been killed.
3. People - among them her grandmother and others arrived to find the children dead, next to each other, somewhere in the shamba.
4. A postmortem examination later revealed each child had been strangled. She was charged with two counts of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya wherein the particulars are that on the night of 12th November, 2024 at Kwakatia Village, Kasikeu Location of Mukaa Sub-county, within Makueni County murdered Jeremiah Muuo aged 7 years and Blessed Mutheu aged 4 years.
5. At the close of the prosecutor case - the issue is whether there is evidence to warrant the accused being put on the defence.
6. It is not in dispute that the Accused was the last person to be left with minors while they were alive.
7. Having considered the evidence I am of the view that a prima facie case has been established to warrant her to be put on the defence pursuant to Section 306(2) of the Criminal Procedure Code
Orders accordingly
Dated signed and delivered virtually on 6th October 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present in open court
Mr. Mulei holding brief for Mr. Mutanya Counsel for accused

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    Republic VS ANN NDUNGE NZIVI Republic VS ANN NDUNGE NZIVI