Republic v James Mushoki Mutinda [2019] KEHC 880 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITUI

CRIMINAL CASE NO. 2 OF 2017

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

VERSUS

JAMES MUSHOKI MUTINDA...................................................ACCUSED

R U L I N G

1. James Mushoki Mutinda,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 29thday of December, 2016at Kanyangi Location, Lower Yatta Sub-Countywithin Kitui Countymurdered Wambua Ngwava(Deceased).

2. At the close of the Prosecution’s case the fact of death was established and sufficient evidence was adduced requiring the Accused to give an explanation of what transpired.

3. Therefore, I call upon the Accused to render evidence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.

4. It is so ordered.

Dated, Signed and Delivered at Kitui this 19th day of November, 2019.

L. N. MUTENDE

JUDGE