RULING
1) Accused ONESMUS MUSYOKA LUTAI is charged with murder contrary to section 203 as read with section 204 of Penal Code. That on 10/3/2019 at 2030hrs at Malanteno Ikassu Centre Kathonzweni, he murdered Dickson Mutua Mbithi.
2) He denied the charge.
3) Matter was part heard by Hon. Dulu J and myself.
4) At the close of prosecution case - the issue is which part of section 306 of Criminal Procedure Code applies to accused.
5) Upon careful consideration of the evidence I find that the accused has case to answer under section 306 (2) of the Criminal Procedure Code and will be put to his defence accordingly.
Dated signed and delivered in open court this 4th April 2025
MUMBUA T. MATHEKA
JUDGE
Accused present
Kazungu for State
Hassan for Accused
Chrispol Court Assistant