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
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