- The accused Joshua Musyoka Muthengi was charged with murder contrary to section 203 as read with section 204 of the Penal Code.
- It was alleged that on 16/02/2022 at Malili Market Malili Location of Mukaa Sub-County within Makueni County he murdered Sheila Muthei Mutunga aged 6 years.
- The Prosecution called 6 witnesses.
- The case for the prosecution was that Sheila and her sister Faith went missing from their home on 15/2/2022 – the mother of the deceased who PW1 was informed that milk supplier is the person who had taken the children.
- She embarked on a search – after reporting to the police and the children were found.
- The evidence on record is that the deceased child was found in the house of the accused, dead
- According to the pathologist the child died out of suffocation.
- From this evidence and at the close of the case for the prosecution there is circumstantial evidence to link the accused to the death of the child.
- It is on this basis that I find that the accused has a case to answer to warrant his being put on his defence vide section 306(2) of the Penal Code.
Dated, signed and delivered, in open court on 2nd day of May 2024
CA Ms. Nelima/Ms. Elizabeth
Accused present
Ms. Nyakibia for the state
Mr. Kithuka for accused N/A to be informed
Mention on 9th May 2024 to fix date for Defence Hearing. Mr Kithuka be notified