1. The accused person is charged with murder contrary to section 203 as read with section 204 of the Penal code. The particulars are in the year 2017, at an unknown time in Iiani village Kilome location, Mukaa sub county Makueni County, together with others not before court, he murdered Kelvin Mwendwa Michael.
2. When the charge was read to the accused person on 19/9/2022 before Hon. Dulu J he pleaded guilty. It was read a second time and he still pleaded guilty. Plea was deferred to 3/10/2022 when he pleaded not guilty.
3. Thereafter the matter proceeded before me where prosecution called 6 witnesses – the parents of the deceased, the Investigating Officer, the Scene of Crime Personnel, the Government Analyst, and the Pathologist.
4. The prosecution closed its case and the issue for determination is whether there is prima facie case evidence to warrant the accused to be put on his defence.
5. Section 306 of the Criminal Procedure Code provides:
Close of case for prosecution
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused … committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact.
(3) If the accused person says that he does not intend to give evidence or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the court shall call upon him to enter upon his defence.
6. Upon a careful consideration of the evidence I find that the accused has a case to answer and will be put on his defence in accordance with section 306(2) of the Criminal Procedure Code.
7. Orders accordingly
Dated this 24th day of October 2024
Mumbua T Matheka
Judge
Signed and delivered on 8th November 2024
Mumbua T Matheka
Judge
Accused person: Present
Ms Nelima/Ms Elizabeth Court Assistants
For the accused: Mr. Hassan
For the State: Mr. Kazungu