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JudgmentThe Republic VS ROBERT MUEMA NYAMA1 min read

The Republic VS ROBERT MUEMA NYAMA

High Court at Makueni High Court · · Matheka, Teresia Mumbua

REPUBLIC OF KENYA

IN TH HIGH COURT OF KENYA AT MAKUENI

HCCRC 23 OF 2020

REPUBLIC VS ROBERT MUEMA NYAMAI

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 25 th July, 2020 at 4.00 pm at Kavuu Village, Maiani Sub Location Kilome Location, Mukaa Sub County Makueni County he murdered Stephen Nyamai Munguti.

2. The accused pleaded not guilty on 8 th December, 2020 before Dulu J.

3. The prosecution called 5 witnesses. His grandmother, his aunt, his cousin, the doctor and the investigating officer.

4. At the time of arrest the pathologist vide a report dated 10 th August, 2020 had found him not fit to plead – and directed a review in 2 months – when that was done, he was found fit to plead and stand trial.

5. 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.

6. 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.

7. I am persuaded on the evidence on record 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 17 th December 2025

Mumbua T Matheka

Judge

CA Chrispol

Accused present

Mr. Kazungu for the State

Mr. Mathuva for the accused :We will give a sworn statement of defence

Defence Hearing on 4 th March 2026

Routine Mention before DR on 12 th January 2026

Ruling HCCR NO. 23 OF 2020 Page 2 of 2
    The Republic VS ROBERT MUEMA NYAMA The Republic VS ROBERT MUEMA NYAMA