- The accused person James Muinde Musyoki is charged with murder contrary to section 203 as read with section 204 of the Penal Code. Particulars being that on the 26th day of August, 2017 at about 7:00 am at Kivani Village, Mukimwani Sub-location Kalimani location in Mbooni East Sub-County, within Makueni County murdered Musyoki Muinde.
- The prosecution called 7 witnesses – 4 were heard by Hon. Dulu J, 3 I heard when I took over the matter.
- Upon the close of the case for the prosecution, the only issue is whether the prosecution has established a prima facie case to warrant the accused being put on the defence.
- I have carefully considered all the evidence before me and I am of the view that a prima facie case has been established to warrant the accused being put on the defence – as per section 306(2) of the Criminal Procedure Code.
Dated, signed and delivered, in open court on 2ND day of May 2024
CA Ms. Nelima/Ms. Elizabeth
Accused Present
Ms. Nyakibia for State
Mr. Hasan for the accused be informed
Mention on 9th May 2024 for fixing date for Defence Hearing