REPUBLIC OF KENYA
IN TH HIGH COURT OF KENYA AT MAKUENI
HCCRC 7 OF 2020
REPUBLIC VS JAMES MUENDO KITILI
RULING
1. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars are that on 1st day of March 2020 at 4.00 pm at Kalawani Location , Mbooni West Sub County Makueni County unlawfully murdered SAMUEL MUTUKU KIMATU
2. The accused pleaded not guilty on 30th March 2020 before Ong’udi J.
3. The prosecution called 5 witnesses.
4. At the close of the case for the prosecution the issue is – what option is available to the accused person under Section 306 of the CPC.
5. At this stage, I am not expected to give elaborate reasons for my finding unless it is an acquittal. See the Judiciary Criminal Procedure Bench Book paragraph 157 – Anthony Njue Njeru –vs- Court of Appeal Nairobi Appeal No. 77/2006.
6. I am persuaded on the evidence on record that a Prima facie case has been made to warrant the accused to be put on the defence as per Section 306 (2) of the Criminal Procedure Code .
Dated, signed and delivered virtually this 18th December 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr. Kazungu for the State
Mr.Wasolo for the accused :We can have a mention date before the DR.
Defence Hearing on 25th February 2026
Routine Mention before DR on 22nd January 2026
RULING HCCRC 7 OF 2020 Page 2 of 2
IN TH HIGH COURT OF KENYA AT MAKUENI
HCCRC 7 OF 2020
REPUBLIC VS JAMES MUENDO KITILI
RULING
1. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars are that on 1st day of March 2020 at 4.00 pm at Kalawani Location , Mbooni West Sub County Makueni County unlawfully murdered SAMUEL MUTUKU KIMATU
2. The accused pleaded not guilty on 30th March 2020 before Ong’udi J.
3. The prosecution called 5 witnesses.
4. At the close of the case for the prosecution the issue is – what option is available to the accused person under Section 306 of the CPC.
5. At this stage, I am not expected to give elaborate reasons for my finding unless it is an acquittal. See the Judiciary Criminal Procedure Bench Book paragraph 157 – Anthony Njue Njeru –vs- Court of Appeal Nairobi Appeal No. 77/2006.
6. I am persuaded on the evidence on record that a Prima facie case has been made to warrant the accused to be put on the defence as per Section 306 (2) of the Criminal Procedure Code .
Dated, signed and delivered virtually this 18th December 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr. Kazungu for the State
Mr.Wasolo for the accused :We can have a mention date before the DR.
Defence Hearing on 25th February 2026
Routine Mention before DR on 22nd January 2026
RULING HCCRC 7 OF 2020 Page 2 of 2