RULING
1. Daniel Kyele King’oo and Mary Kaveka John are charged with murder Contrary to Section 203 as read with Section 204 of the Criminal Procedure Code. That on 12/4/2020 at Mbitini Village Kasikeu Location in Mukaa Sublocation within Makueni County jointly murdered Tony Musembi Matheka.
2. The prosecutor called 6 witnesses and closed its case. The investigating officer did not testify.
3. The issues is whether the prosecution has established prima facie case to warrant the accused being put on their defence.
4. It was submitted on behalf of the 2nd accused that the prosecutor had not made a case to warrant that their accused be put on the defence.
5. The 1st to 5th witnesses were heard by Hon. Dulu J - I heard PW6 - Pathologist.
6. I have considered the evidence - on the record and I am of the view that there is a prima facie case to warrant the accused persons being put on the defence.
7. The accused persons will each be put on the defence under s. 360(2) of the CPC
Dated, signed and delivered in open court this 27th day of March 2025
Mumbua T Matheka
Judge