1. The accused persons Annah Kanini Solia and John Kioko Solia are charged jointly with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the night of 7th and 8th July 2019 at an unkown time in Kiukuni Village, Mbukoni Sub location , Makinya Location , Makueni County, they jointly murdered Solia Muia.
2. The charge was read to the accused persons on 18/12/2019 before Hon Ong'udi J , they were represented by Mr. Munyendo. They each pleaded not guilty
3. Thereafter on 8/11/22 the matter proceeded before Hon Dulu J who heard PW1 toPW4.It continued before me from 5/3/2023. I heard PW5 to PW10. The prosecution closed its case on 27th July 2024. The accused persons were represented by Mr. Hassan.
4. The issue for determination is whether there is prima facie case evidence to warrant the accused to be put each on their 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, Signed and delivered virtually 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