Republic v Frank Wambua Kalili [2017] KEHC 2466 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO 79 OF 2015

REPUBLIC.........................................PROSECUTOR

VERSUS

FRANK WAMBUA KALILI........................ACCUSED

R U L I N G

1. Frank Wambua Kalili, hereinafter “The Accused” is charged with the offence of  Murder contrary to Section 203 as read with Section 204of the Penal Code (Cap.63), Laws of Kenya. Particulars being that on the 21st day of June, 2011 at around 11. 00pm at Mitila village, Kyangunga Sub-Location, Mulango LocationinKitui DistrictwithinKitui County murdered MUTHUI MAUNDU(deceased).

2. Facts are that the deceased was found in a hole burning at the homestead of the Accused. An explanation was given by the Accused that he was attacked.  Evidence pointed at him as the perpetrator of the Act that resulted into the death of the deceased that was confirmed by the doctor who performed the autopsy.

3. At the close of the prosecution’s case a prima facie case was established that require the Accused to be called upon to defend himself pursuant to the provisions of Section 306(2) of the Criminal Procedure Codewhich I hereby do.

4. It is so ordered.

5. Dated, Signed and Deliveredat Kitui this 31stday of October 2017.

L. N. MUTENDE

JUDGE