Republic v Joseph Musyoka Mbithi & Amos Muya Kimengei [2019] KEHC 7225 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HCCR NO. 168 OF 2017

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

-VERSUS-

JOSEPH MUSYOKA MBITHI....................... 1ST ACCUSED

AMOS MUYA KIMENGEI............................. 2ND ACCUSED

RULING

1. The accuseds were charged with:

Count I:  Murder Contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 of the Laws of Kenya.

2. Particulars being that on 10/09/2014 at Mbuvo village Kathonzweni District, Makueni County, Joseph Musyoka Mbithi and Amos Muya Kimengei murdered Albanus Maingi Mwendo.

Count II: Murder contrary to Section 202/204 of Penal Code Cap 163 Laws of Kenya.

3. Particulars being that on 10/09/2014, at Mbuvo village of Kathonzweni district in Makueni county, Joseph Musyoka Mbithi and Amos Muya Kimengei murdered Patricia Syombua

4. The accuseds pleaded not guilty and the matter went into full trial. The prosecution called four witnesses and closed its case.

5. The court is called upon to decide whether the accuseds should be put on their defence.

6. The court has gone through the evidence on record.

7. The court finds that the accuseds have to give their side of story as a prima facie case has been established. They are put on their defence.

SIGNED, DATED AND DELIVERED THIS 31ST DAY OF MAY 2019, IN OPEN COURT.

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

C. KARIUKI

JUDGE