Republic v Anthony Kyalo Mukuli [2014] KEHC 2817 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE  NO. 68  OF 2008

REPUBLIC …………………………………………………….RESPONDENT

VERSUS

ANTHONY KYALO MUKULI…………………………………..ACCUSED

RULING

Antony Kyalo Mukuli (accused) is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.  Particulars of the offence are that on the 10thday of July, 2008 at Mikameni village, Ekalakala sub-location, Ekalakala Location, Masinga Division within the Yatta District of the Eastern Province murdered Hellen Mwikali Francis.

At the conclusion of the prosecution case, evidence adduced establishes the fact that the cause of the deceased’s death was cardio-pulmonary arrest due to asphyxia secondary to neck strangulation. The fact that the deceased died a natural death as a result of some illness would therefore be ruled out.

Consequently, I am convinced that evidence adduced establishes a prima facie case whereby conviction could follow in case there is no explanation offered by the defence. (See Ramanlal Tambalal Bhatt versus Republic [1957] E.A. 322).

Therefore, the accused shall defend himself in accordance with   Section 306(2) of the Criminal Procedure Code.

It is so ordered.

DATED, SIGNED and DELIVEREDat MACHAKOS this 15THday of SEPTEMBER, 2014

L.N. MUTENDE

JUDGE