T he accused person JOHN MUSEMBI MUENDO is charged with murder of his grandmother NDULA KIANGA MAVINDU , 72 years old. contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the 4th May 2020 at Iuani Village, Makueni sub county Makueni County. The accused took plea on 30th June 2020 before Hon Ong’udi J and pleaded not guilty.
A plea of not guilty was entered.
The trial proceeded before the Hon Dulu J on 25th February 2021 and he heard 11 witnesses by 24th March 2023 before his transfer.
I took over on 2nd May 2023 and heard PW12, 13 and 14 before the prosecution closed its case.
At the close of the case for the prosecution s. 306 of the Criminal Procedure Code provides the court with two options – that upon considering the evidence on record, either there is evidence to warrant the accused being put on the defence, or there is none, and a finding of not guilty must be entered,
In this case I have read the record and there are witnesses who place the accused at the scene of the crime in circumstances that draw the conclusion of a prima facie case to warrant his being put on the defence.
At this stage I am prohibited to give detailed reasoning for my finding.
I find and hold that the accused person has a case to answer and will be put on the defence in accordance with s. 306(2) of the Criminal Procedure Code.
Dated, signed and delivered this 30th May 2025.
Mumbua T Matheka
Judge
In the presence of:
The accused
CA Chrispol
Mr. Hassn for the accused
Mr. Kazungu for the State
A plea of not guilty was entered.
The trial proceeded before the Hon Dulu J on 25th February 2021 and he heard 11 witnesses by 24th March 2023 before his transfer.
I took over on 2nd May 2023 and heard PW12, 13 and 14 before the prosecution closed its case.
At the close of the case for the prosecution s. 306 of the Criminal Procedure Code provides the court with two options – that upon considering the evidence on record, either there is evidence to warrant the accused being put on the defence, or there is none, and a finding of not guilty must be entered,
In this case I have read the record and there are witnesses who place the accused at the scene of the crime in circumstances that draw the conclusion of a prima facie case to warrant his being put on the defence.
At this stage I am prohibited to give detailed reasoning for my finding.
I find and hold that the accused person has a case to answer and will be put on the defence in accordance with s. 306(2) of the Criminal Procedure Code.
Dated, signed and delivered this 30th May 2025.
Mumbua T Matheka
Judge
In the presence of:
The accused
CA Chrispol
Mr. Hassn for the accused
Mr. Kazungu for the State