'
The Accused NICHOLAS KATUA KIMULA was charged with murder contrary to section 203 as read with section 204 of Penal Code (Cap 63), Laws of Kenya.
The particulars of offence were that on the 17 th day of June, 2020 at Masalami Village in Kyale Sublocation within Kiboko Location, Makindu Sub County of Makueni he murdered Julius Kimula Kisulu.
Prosecution called 8 witnesses.
Section 306 of Criminal Procedure Code provides:-
(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.
Upon consideration of the evidence on record, I am of the view that the accused person has a case to answer and will be put to the defence in accordance with Section 306(2) of Criminal Procedure Code.
Dated, signed and delivered on 26 th September 2025.
Mumbua T Matheka
Judge
Accused present virtually
Mr. Kazungu for State
Mr. Hassan for the accused
CA Chrispol
'
The Accused NICHOLAS KATUA KIMULA was charged with murder contrary to section 203 as read with section 204 of Penal Code (Cap 63), Laws of Kenya.
The particulars of offence were that on the 17 th day of June, 2020 at Masalami Village in Kyale Sublocation within Kiboko Location, Makindu Sub County of Makueni he murdered Julius Kimula Kisulu.
Prosecution called 8 witnesses.
Section 306 of Criminal Procedure Code provides:-
(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.
Upon consideration of the evidence on record, I am of the view that the accused person has a case to answer and will be put to the defence in accordance with Section 306(2) of Criminal Procedure Code.
Dated, signed and delivered on 26 th September 2025.
Mumbua T Matheka
Judge
Accused present virtually
Mr. Kazungu for State
Mr. Hassan for the accused
CA Chrispol
'