REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. E021 OF 2021
REPUBLIC VS PATRICK MAINGI KAMBALE
RULING
1. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars are that on 1 st night of 5 TH AUGUSR 2021 at Ikalioni Area Makueni Sub County, Makueni County he murdered TITUS KYUVI KITHUKU.
2. The accused denied the charge before Dulu J on 1 st NOVEMBER 2021
3. The matter proceeded before the Judge who heard 3 witnesses. I took over the matter and heard PW4, 5 ,6,7,8 & 9.
4. At the close of the case for the prosecution the issue is – what option is available to the accused person under Section 306 of the CPC.
5. At this stage, I am not expected to give elaborate reasons for my finding unless it is an acquittal. See the Judiciary Criminal Procedure Bench Book paragraph 157 – Anthony Njue Njeru –vs- Court of Appeal Nairobi Appeal No. 77/2006.
6. I am persuaded on the evidence on record especially that of the family members of the deceased who were present on the material days that a Prima facie case has been made to warrant the accused to be put on the defence as per Section 306 (2) of the Criminal Procedure Code .
Dated, signed and delivered virtually this 18 th December 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr. Kazungu for the State
Mr.Mutuku for the he accused: We can have a date for defence hearing
Defence Hearing on 5 th March 2026
Routine Mention before DR on 19 th January 2026
Ruling HCCR NO. 21 of 2021 Page 2 of 2
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. E021 OF 2021
REPUBLIC VS PATRICK MAINGI KAMBALE
RULING
1. The accused was charged with murder under Section 203 as read with Section 204 of the Penal Code. The particulars are that on 1 st night of 5 TH AUGUSR 2021 at Ikalioni Area Makueni Sub County, Makueni County he murdered TITUS KYUVI KITHUKU.
2. The accused denied the charge before Dulu J on 1 st NOVEMBER 2021
3. The matter proceeded before the Judge who heard 3 witnesses. I took over the matter and heard PW4, 5 ,6,7,8 & 9.
4. At the close of the case for the prosecution the issue is – what option is available to the accused person under Section 306 of the CPC.
5. At this stage, I am not expected to give elaborate reasons for my finding unless it is an acquittal. See the Judiciary Criminal Procedure Bench Book paragraph 157 – Anthony Njue Njeru –vs- Court of Appeal Nairobi Appeal No. 77/2006.
6. I am persuaded on the evidence on record especially that of the family members of the deceased who were present on the material days that a Prima facie case has been made to warrant the accused to be put on the defence as per Section 306 (2) of the Criminal Procedure Code .
Dated, signed and delivered virtually this 18 th December 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr. Kazungu for the State
Mr.Mutuku for the he accused: We can have a date for defence hearing
Defence Hearing on 5 th March 2026
Routine Mention before DR on 19 th January 2026
Ruling HCCR NO. 21 of 2021 Page 2 of 2