1. The two accused persons are charged with murder contrary to section 203 as read with section 204 of the Penal code, CAP 63 LOK. The particulars are that on the 8th day of June 2021 at Ndolo village, Nzeveni Location Mbooni West sub county within Makueni County they jointly murdered Rebecca Syombua Munguti .
2. They took plea before the Honourable Justice Dulu On the 12th of July 2021 and pleaded guilty. They were represented by Mr Kithuka .
3. The trial took off before Hon Justice Dulu On the 23rd of March 2022. He heard PW1 to PW6. I took over the matter on the 6th of June 2023 and heard PW7 and PW8 .
4. The case for the prosecution was that on the 7th of June 2021 deceased was at her home with PW1 and PW2 , her granddaughter and daughter in law respectably .The two accused persons are brothers whose father is a brother to the husband of the deceased . They came to the home and had a conversation with the deceased. At some point PW1 was in the kitchen and PW2 was in the bathroom, while the deceased and the two accused persons were seated outside on a bench. PW1 told the court that she heard something fall down. When she came out of the house she saw the first accused hit the deceased with a hammer twice on the head. Her grandmother lay down on the ground bleeding from the head while both the accused persons ran away.
5. The post-mortem report confirmed the injuries of the body of the deceased and that they were the cause of death.
6. The accused persons were arrested and charged with these offence.
7. At the close of the case for the prosecution the issue for determination is whether the prosecution has placed evidence before the court for the court to deal with the accused persons in accordance with section 306 of the Criminal Procedure Code.
8. For the accused persons to be placed on their defence, it is the duty of the prosecution to establish the ingredients of murder which are that a person died, whose death was not as a result of natural causes , and there is evidence to connect to the same to the suspects.
9. In this particular case there is evidence of eyewitnesses supported by the evidence of the pathologist that deceased met her death through an unnatural cause and the accused persons were placed at the scene of the murder.
10. In the circumstances I find that a Prima facie a case has been established in accordance with section 306(2) of the Criminal Procedure Code to warrant that the accused to be put each on his on their defence.
11. Orders accordingly.
Dated, signed and delivered virtually on 14th January 2024.
Mumbua T Matheka
Judge
CA Nelima & Chris
Accused present
Mr. Kazungu for State
Mr. Kithuka for both accused persons