1. The accused person KYENGO KIOKO SAMUEL is charged with murder c/s 203 as read with s. 204 of the Penal Code.
2. The particulars were that on the 31st July 2018 Kikwasuni Village, in Maviaume sub location, Kawala Location within Nzaui Sub County within Makueni County unlawfully murdered PHILIP KIOKO.
3. He pleaded not guilty on 20th May 2019 before the Hon Lady Justice Ong’udi.
4. The matter proceeded for hearing before the Hon Dulu J from 3/11/2021 and he heard four witnesses.
5. When I took over I heard 6 witnesses.
6. The case for the prosecution was that the accused and the deceased are brothers who had a long standing land dispute. On the material date the accused is said to have found the deceased working on the disputed parcel, a disagreement ensued leading to a fight in which the deceased sustained injuries from which he died.
7. The cause of death was found to be severe haemorrhage shock secondary to severe traumatic cut wounds secondary to assault. This was not a natural cause of death.
8. At the close of the case for the prosecution s. 306 of the Criminal Procedure directs the court as follows;
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
(2) 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.
9. I have considered the evidence on record and it appears to me and on the face of it, that the accused caused the deceased the injuries to which the deceased succumbed.
10. I find that the accused person has a case to answer and will be placed on his defence in accordance with s. 306(2) of the Criminal Procedure Code.
Orders Accordingly
Dated, signed and delivered virtually this 7th March 2023
Mumbua T Matheka
Judge
Ms. Nelima Court Assistants
Accused Present
Mr Hassan for the accused
Mr. Kazungu For the State –