Republic v Festus Musembi Loko [2019] KEHC 5650 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MAKUENI

HCCRC NO.73 OF 2017

REPUBLIC......................................................PROSECUTION

-VERSUS-

FESTUS MUSEMBI LOKO.....................................ACCUSED

RULING

1. Festus Musembi Lokothe accused herein is charged with the offence of murder contrary to Section 203 as read together with Section 204 of the Penal Code.

The particulars are that the accused on 7th day of March, 2013 at Mwaani village, Mwaani Sub-location, Kilungu District within Makueni County murdered David Mwendwa Mbithi.

2. The prosecution only presented three witnesses and closed its case. No post mortem report was produced. Despite the failure to produce the post mortem, I am satisfied that the deceased died as a result of the injuries he suffered that night.

3. I have considered the evidence on record and the submissions by the defence.

4. I find a prima facie case made against the accused who I hereby place on his defence under Section 306(2) Criminal Procedure Code.

Orders accordingly.

DELIVERED, SIGNED & DATED THIS 16TH DAY OF JULY 2019, IN OPEN COURT AT MAKUENI.

...........................

H. I. ONG’UDI

JUDGE