REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. E010 OF 2025
REPUBLIC VS SHADRACK MWANZIA NDAMBUKI
RULING
1. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars are that on 1 st night of December 29 th 2024 at Kathonzweni Market, Kathonzweni Location , Kathonzweni Sub County, Makueni County jointly with others not before the court STEPHEN KIMANTHI.
2. The accused pleaded not guilty on 8 TH MAY 2024.
3. The prosecution called 5 witnesses.
4. At the close of the case for the prosecution the issue is – what option is available to the accused person under Section 306 of the CPC.
5. At this stage, I am not expected to give elaborate reasons for my finding unless it is an acquittal. See the Judiciary Criminal Procedure Bench Book paragraph 157 – Anthony Njue Njeru –vs- Court of Appeal Nairobi Appeal No. 77/2006.
6. I am persuaded on the evidence on record that a Prima facie case has been made to warrant the accused to be put on the defence as per Section 306 (2) of the Criminal Procedure Code .
Dated, signed and delivered virtually this 18 th December 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr. Kazungu for the State
Mr.Mutuku for the he accused :N/A
Defence Hearing on 5 th March 2026
Routine Mention before DR on 19 th January 2026
MNTI to counsel
Ruling HCCR NO. 23 OF 2020 Page 2 of 2
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. E010 OF 2025
REPUBLIC VS SHADRACK MWANZIA NDAMBUKI
RULING
1. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars are that on 1 st night of December 29 th 2024 at Kathonzweni Market, Kathonzweni Location , Kathonzweni Sub County, Makueni County jointly with others not before the court STEPHEN KIMANTHI.
2. The accused pleaded not guilty on 8 TH MAY 2024.
3. The prosecution called 5 witnesses.
4. At the close of the case for the prosecution the issue is – what option is available to the accused person under Section 306 of the CPC.
5. At this stage, I am not expected to give elaborate reasons for my finding unless it is an acquittal. See the Judiciary Criminal Procedure Bench Book paragraph 157 – Anthony Njue Njeru –vs- Court of Appeal Nairobi Appeal No. 77/2006.
6. I am persuaded on the evidence on record that a Prima facie case has been made to warrant the accused to be put on the defence as per Section 306 (2) of the Criminal Procedure Code .
Dated, signed and delivered virtually this 18 th December 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr. Kazungu for the State
Mr.Mutuku for the he accused :N/A
Defence Hearing on 5 th March 2026
Routine Mention before DR on 19 th January 2026
MNTI to counsel
Ruling HCCR NO. 23 OF 2020 Page 2 of 2