Republic v Esther Munyasia Mutua [2016] KEHC 6126 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 31 OF 2015

REPUBLIC……………………………..PROSECUTOR

VERSUS

ESTHER MUNYASIA MUTUA............…...ACCUSED

R U L I N G

Esther Munyasia Mutua,the Accused is charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 1stday of June, 2011 at Ukati Village, Ngungi Sub-location, Mui Locationof Mwingi Districtwithin the Kitui Countyshe unlawfully killed Kyende Mutua(Deceased).

At the close of the Prosecution’s case, it was established that the Deceased, a brother to the Accused went to her house and started harassing her.  She retaliated by hitting him with a piece of wood.  He fell down and became unconscious.  She reported the matter to the police who investigated and charged her with the offence.

Since the Accused person claimed to have acted in self defence, it will be imperative for her to render an explanation of what transpired in her defence.  Accordingly she is put on her defence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.

It is so ordered.

Dated, Signed and Deliveredat Kitui this 16thday of March,2016.

L. N. MUTENDE

JUDGE