The accused person is charged with murder contrary to section 203 as read with section 204 the penal code cap, 63 of the laws of Kenya. The particulars are that on the 26th day of January 2021 at Syumile Village Nguumo, Makindu Sub County within Makueni County, he murdered Mutua Kimila Ngwaatu.
The prosecution called for witnesses. Pwn was the employer of the deceased. She had employee deem as a watchman, and she testified that she witnessed the accused and the deceased engaged in a struggle outside her place of business. He stated that she actually saw the accused take the deceased’s stick and hit him with it.
PW3 the Dr Josephine Mueni Maitha . produced both the postmortem report and the P 3. for the accused. The deceased Reported to Makindu police station on the 26th of January 21 a case of assault and was referred for treatment. He had sustained fracture of the right femur among other injuries.
The postmortem reports indicated that the cause of death was cardio pulmonary arrest caused by severe multiple injuries due to assault.
Under the provisions of section 306 of the Criminal Procedure Code the court is required to determine whether or not there is sufficient evidence to place the accused on his defence.
From the foregoing summary, it is evident that the prosecution has established that there was a death, it was unlawful and the accused may have caused it, all pointing to a prima facie case to warrant the accused to be put on his defence pursuant to s. 306(2) of the Criminal Procedure Code which states:
(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.
Orders accordingly
Dated, signed and delivered virtually on the 15th August 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present virtually from Makueni Main Prison
Mr. Hassan for the accused
Ms. Otulo for state
The prosecution called for witnesses. Pwn was the employer of the deceased. She had employee deem as a watchman, and she testified that she witnessed the accused and the deceased engaged in a struggle outside her place of business. He stated that she actually saw the accused take the deceased’s stick and hit him with it.
PW3 the Dr Josephine Mueni Maitha . produced both the postmortem report and the P 3. for the accused. The deceased Reported to Makindu police station on the 26th of January 21 a case of assault and was referred for treatment. He had sustained fracture of the right femur among other injuries.
The postmortem reports indicated that the cause of death was cardio pulmonary arrest caused by severe multiple injuries due to assault.
Under the provisions of section 306 of the Criminal Procedure Code the court is required to determine whether or not there is sufficient evidence to place the accused on his defence.
From the foregoing summary, it is evident that the prosecution has established that there was a death, it was unlawful and the accused may have caused it, all pointing to a prima facie case to warrant the accused to be put on his defence pursuant to s. 306(2) of the Criminal Procedure Code which states:
(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.
Orders accordingly
Dated, signed and delivered virtually on the 15th August 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present virtually from Makueni Main Prison
Mr. Hassan for the accused
Ms. Otulo for state