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JudgmentThe Republic VS HAMILTON KILIMO MWATELA2 min read

The Republic VS HAMILTON KILIMO MWATELA

High Court at Kajiado High Court · · Stella Mutuku

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAJIADO

CRIMINAL CASE NO. E005 OF 2021

REPUBLIC…………………………………………………………………….PROSECUTOR

VERSUS

HAMILTON KILIMO MWATELA………………………………………………..ACCUSED

RULING

  1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 13th day of March 2021 at Isinya Bus Terminus within Isinya Town in Kajiado County, he murdered Ahmed Tarayia Musa.
  2. The accused pleaded not guilty to the charge. The matter proceeded to hearing whereby the Prosecution called a total of five (5) witnesses. This ruling relates to whether the evidence adduced by the prosecution witnesses has made out a prima facie case against the accused person requiring him to be placed on his defence.
  3. The facts of the case show that on 13th March 2021, the accused and the deceased disagreed over a passenger, a woman who had been issued with a receipt to travel to Nairobi by the deceased. The woman complained that the deceased had lied to him that there was a motor vehicle travelling to Nairobi yet that was not true because another person had told her that there was no such motor vehicle.
  4. The deceased and Abdishakur Kipale, PW2, went looking for the person who was claiming that they were lying to the woman. They found the person. PW2 identified the accused in this case as that person.  The deceased asked the accused why he was interfering with his (deceased’s) work. A scuffle ensured leading to the accused hitting the deceased with a stone at the back of his head. He was rushed to a hospital in Isinya. He was referred to Kajiado County Referral Hospital but was transferred to Kenyatta National Hospital where he was admitted and died while undergoing treatment.
  5. Kasaku Ole Metetesi, PW3, was at the Isinya stage when he was called by PW2 to assist him to take the deceased to hospital. He learned that the deceased had been hit with a stone by a person who worked at a hardware in Isinya Town. He later came to know that the person was the accused before the court. PW3 told the court that the accused used to eat at the kiosk near Super Coach office.
  6. The accused was arrested and charged with this offence after the police at Isinya Police Station concluded the investigations.
  7. The death of the deceased was confirmed by Dr. Bernard Midia who examined the body on 23rd March 2021. The doctor formed the opinion that the deceased had died as a result of multiple injuries on the head and skeletal column due to blunt trauma in keeping with assault.
  8. I have considered the evidence on record. I find that the accused person has a case to answer. In accordance with section 306 (2) of the Criminal Procedure Code, the accused shall be placed on his defence. This court informs the accused of his right to adduce evidence in his defence either under oath or without taking oath and the right to call witnesses in his defence.
  9. Orders shall issue accordingly.

Dated, signed and delivered this 17th day of January 2025.

    The Republic VS HAMILTON KILIMO MWATELA The Republic VS HAMILTON KILIMO MWATELA