Ruling
1. Michael Nyamai Muteti is charged with murder contrary to section 203 as read with section 204 of the Penal Code (Cap. 63, Laws of Kenya. Particulars being that on the 14th day of September, 2023 at around 7:30 pm in Kisaulu village, Lumu sub-location, Kasikeu location in Mukaa sub county within Makueni County, he murdered Agnes Nduku Muli.
2. The prosecution called nine witnesses then closed their case.
3. The issue now is whether the prosecution has established a prima facie case to warrant the accused being put on the defence.
4. Section 306 of Criminal Procedure Code guides the court on how to deal with the matter upon closure of the case for prosecution.
It states 306. Close of case for prosecution
(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. (3) If the accused person says that he does not intend to give evidence or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the court shall call upon him to enter upon his defence.
5. Upon considering the evidence on record I am of the view that a prima facie case has been established to warrant accused to be put on defence in accordance with section 306(2) of the Criminal Procedure Code.
6. Accused will be placed on his defence accordingly
Dated, signed and delivered in open court this 20th day of March 2025
Mumbua T Matheka
Judge
Accused present
Ms. Mboya for accused
Mr. Kioko watching brief for the family of the deceased
Mr. Kazungu for state
Chrispol court assistant