RULING
1. The accused person PETER WILLY MUIA is charged with murder c/s 203 as read with s. 204 of the Penal Code.
2. The particulars were that on the 11th September 2020 at Yimua Village, in Twando location within Makindu Sub County of Makueni County unlawfully murdered Muia Mungoloti Wambua.
3. He pleaded not guilty on 9th December 2020 before the Hon Dulu J.
4. Before his transfer he Hon Judge heard PW1 the eyewitness, PW2 Nyumba Kumi, PW3 sister to the deceased, PW4 and 5. When I took over I heard PW6,7 and 8.
5. The case for the prosecution was that on the material date 12-year-old, PM was minding her business approximately 10 metres away from where Willy and Kimeu were. She testified that she heard a bang and Willy whose name did not know by then, tell Kimeu (the deceased) - you will give my shoes!. She looked only to see two people, one lying down and one hitting the one who was down with a stick. She said she learnt Willy’s name from two girls who were also there. That Willy, ran away and Kimeu was not talking. She testified that she identified the accused as the said Willy in a photo, in an ID parade and in court.
6. It was confirmed by the doctor that the death of the deceased was as a result of an injury, not a natural cause of death.
7. At the close of the case for the prosecution s. 306 of the Criminal Procedure Code directs the court as follows;
(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.
8. I have considered the evidence on record it appears to me and on the face of it, the accused was placed at the scene in a fight with the deceased over shoes.
9. The deceased succumbed to the injuries sustained at the scene.
10. It is my view that at this stage s. 306(2) of the Criminal Procedure Code is applicable to this accused person.
11. I find that the accused person has a case to answer and will be placed on his defence in accordance with s. 306(2) of the CPC.
Orders Accordingly
Dated, signed and delivered this 27th day of February 2025
Mumbua T Matheka
Judge
Ms. Nelima
Accused
Mr Hassan for the accused
For the State Kazungu