1. The accused person was charged with the offence of murder contrary to Section 203 as read together with Section 204 of the Penal code. The particulars are that on 6th September 2020 at Kathangaita in Mlolongo Township in Athi River Sub-County within Machakos County jointly with another not before court murdered Tom Mutunga Mbindyo.
2. The accused pleaded not guilty. The matter proceeded to hearing during which the prosecution called 6 witnesses and closed its case.
3. The accused were directed to file submissions addressing the issue of whether the accused has a case to answer. The accused filed their submissions dated 19th November 2025. As at the time of writing this Ruling the prosecution submissions were not on record.
4. The accused proceeded to analyse the evidence of all the six witnesses and urged the court to find that the evidence and testimony adduced by the prosecution witnesses not sufficient to warrant him being placed on his defence. That there are a lot of contradictions and gaps in the prosecution's case which he urged the court to interpreted in his favour. They urged the court to find that all the elements and/or ingredients required to sustain such a charge have not been met. Numerous authorities were relied upon to buttress their assertions. They urged the Court to proceed and acquit the accused under section 210 of the Criminal Procedure Code.
5. Having considered the totality of the evidence of the 6 prosecution witnesses and the exhibits produced in the court, I find that a prima facie case has been established against the accused person.
6. At this juncture I will reserve my reasons for the finding. I am guided by the decision in Festo Wandera Mukando versus Republic 1980 (KLR) 103 and Republic versus Kevin Owuor Abith alias Opundo (2022) eKLR which cautioned that; it is inadvisable for the trial court to give reasons as to why an accused person is placed on his defence.
7. I therefore will remain cautious not to make any definitive findings at this stage by declining to provide reasons, even as I conclude that the accused has a case to answer. Accordingly, the accused person is placed on his defence.
8. The matter will be mentioned on 4th February 2026 for directions under Section 306(2) of the CPC.
Dated, signed and delivered at Machakos this 22nd day of January 2026.
2. The accused pleaded not guilty. The matter proceeded to hearing during which the prosecution called 6 witnesses and closed its case.
3. The accused were directed to file submissions addressing the issue of whether the accused has a case to answer. The accused filed their submissions dated 19th November 2025. As at the time of writing this Ruling the prosecution submissions were not on record.
4. The accused proceeded to analyse the evidence of all the six witnesses and urged the court to find that the evidence and testimony adduced by the prosecution witnesses not sufficient to warrant him being placed on his defence. That there are a lot of contradictions and gaps in the prosecution's case which he urged the court to interpreted in his favour. They urged the court to find that all the elements and/or ingredients required to sustain such a charge have not been met. Numerous authorities were relied upon to buttress their assertions. They urged the Court to proceed and acquit the accused under section 210 of the Criminal Procedure Code.
5. Having considered the totality of the evidence of the 6 prosecution witnesses and the exhibits produced in the court, I find that a prima facie case has been established against the accused person.
6. At this juncture I will reserve my reasons for the finding. I am guided by the decision in Festo Wandera Mukando versus Republic 1980 (KLR) 103 and Republic versus Kevin Owuor Abith alias Opundo (2022) eKLR which cautioned that; it is inadvisable for the trial court to give reasons as to why an accused person is placed on his defence.
7. I therefore will remain cautious not to make any definitive findings at this stage by declining to provide reasons, even as I conclude that the accused has a case to answer. Accordingly, the accused person is placed on his defence.
8. The matter will be mentioned on 4th February 2026 for directions under Section 306(2) of the CPC.
Dated, signed and delivered at Machakos this 22nd day of January 2026.