1. The accused persons are jointly charged with murder contrary to section 203 as read with section 204 of the Penal Code.
The particulars are that on the night of 1st and 2nd January, 2022 at Mbui Nzau Market, Nguumo Location in Makindu Subcounty within Makueni County jointly with others not before court, murdered Paul Kitonyi Mwanzia.
2. The accused persons denied the offence and a plea of not guilty was entered for each for each of them
3. The prosecution called 5 witnesses and closed their case.
4. These were PW1, the son of the deceased, PW2 deceased’s father, PW3 deceased’s brother, PW4 Pathologist, PW5 the Investigating Officer and then closed its case.
5. At the close of the case for the prosecution the court is given 2 options by Section 306(1) & (2) of the Criminal Procedure Code.
6. I have carefully considered the evidence before me and I find that the prosecution has established a prima facie case to warrant each of the accused being put on the defence as provided for by Section 306 (2) of the Criminal Procedure Code.
Dated, signed and delivered virtually this 4th July 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr.Kioko for the accused
Mr. Kazungu for the state
The particulars are that on the night of 1st and 2nd January, 2022 at Mbui Nzau Market, Nguumo Location in Makindu Subcounty within Makueni County jointly with others not before court, murdered Paul Kitonyi Mwanzia.
2. The accused persons denied the offence and a plea of not guilty was entered for each for each of them
3. The prosecution called 5 witnesses and closed their case.
4. These were PW1, the son of the deceased, PW2 deceased’s father, PW3 deceased’s brother, PW4 Pathologist, PW5 the Investigating Officer and then closed its case.
5. At the close of the case for the prosecution the court is given 2 options by Section 306(1) & (2) of the Criminal Procedure Code.
6. I have carefully considered the evidence before me and I find that the prosecution has established a prima facie case to warrant each of the accused being put on the defence as provided for by Section 306 (2) of the Criminal Procedure Code.
Dated, signed and delivered virtually this 4th July 2025
Mumbua T Matheka
Judge
CA Chrispol
Accused present
Mr.Kioko for the accused
Mr. Kazungu for the state