RULING ON CASE TO ANSWER
- The accused persons were charged with murder contrary to section 203 as read with section 204 of the Penal Code.
- The particulars of the charge were that on 19/7/2017 at Nzaikoni village, Kalii sub location within Makindu sub-county of Makueni county, jointly with others not before the court murdered Muthiani Muingi.
- The prosecution called 8 witnesses.
- The case for the prosecution was that the child AM was unwell – and it emerged that he had been having dreams in which the deceased and his wife PW3 featured asking for his blood.
- Thereafter, there was a determination – it is not clear how, but the family of AM and some clan members determined that the deceased and his wife had bewitched the child.
- According to witnesses, PW2, PW3 – these people went to the house of the deceased and his wife with the intention of extracting a confession and the surrender of their witch craft paraphernalia, on hopes of withdrawing the witchcraft spell cast upon the said child.
- According to the prosecution – these people , the accused persons and others, locked up the deceased and his wife PW3 in the house and beat them up – that the deceased was compelled to spit on the child – an act believed to remove the witchcraft spell and thereafter they beat him up causing him injuries that caused his death.
- The postmortem report produced by PW4 confirms that the cause of death was not natural causes but was as a result of blunt force injury to the head, and broken ribs, all of which tally with the description of the manner in which he was assaulted.
- Hence, there is prima facie evidence that death of deceased was not by natural cause.
- The prosecution witnesses who testified and placed the accused persons at the scene. These witnesses described the actions of the accused persons and which evidence – prima facie places the accused persons in the place where the deceased was and to have contributed in one way or the other to his demise.
- At this point – the court is purely expected to determine whether there is prima facie case to warrant the accused persons to be placed on their defence.
- All the witnesses were heard by other Judges – PW1, PW2, by Hon. C. Kariuki J, PW3, PW4, PW5, by Hon. Ong’udi L.J, PW6, PW7, PW8 by Hon. Dulu J.
- Upon reading through the record, I have formed the view that indeed there is prima facie evidence to warrant each of the accused persons being placed each on their defence as per section 306 (2) of the Criminal Procedure Code.
Dated, signed and delivered virtually this 26th July 2024
Mumbua T Matheka
Judge