1. The accused MAINGI MASIKA NDINGILI was charged with murder contrary to section 203 as read with section 204 Procedure Code. That on the night of 4th & 5th August , 2019 at Emali Sublocation, Nzaui Subcounty Makueni County he murdered Onesmus Muendo Musau.
2. He pleaded not guilty.
3. After a full trial and at the close of the case for the prosecution the issue is whether there is a prima facie case to warrant accused being put in the defence.
4. I have carefully considered the evidence vis a vis the provisions of section 306 of the Criminal Procedure Code.
5. It is my view that the evidence on record is sufficient to warrant the accused being put on the defence in accordance with section 306(2)
6. Accused will be put on his defence accordingly.
Dated, signed and delivered in open court this 28th March 2025
Mumbua T Matheka
Judge