Republic v Kyalo Mulwa [2016] KEHC 6081 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 15 OF 2015

REPUBLIC……………………………………………..……..PROSECUTOR

VERSUS

KYALO MULWA.....................................................…...ACCUSED

R U L I N G

Kyalo Mulwa,“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 26thday of December, 2010 at Kwa-Ukungu Shopping Center, Nzunguni Sub-location, Kyangwithya East Locationin Kitui Districtwithin Kitui Countymurdered Francis Muinde(Deceased).

At the close of the Prosecution’s case, evidence adduced was that on the 20th December, 2010 the Accused was sitting at the verandah of the Kwa Mariam Barwithin Kwa Ukungu Market drinking alcohol, when the Deceased confronted him and alleged that he had robbed him of a mobile phone and cash money.  A fight ensued between them whereby he assaulted him.  Subsequently he succumbed to injuries sustained.

An autopsy carried out revealed that the cause of his death was brain death secondary to massive subdural haematoma due to skull fracture.

The Accused having been identified as the person who struck the Deceased on the head with a piece of wood should give an explanation as to what happened.

In the premises, the Accused is called upon to defend himself pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.

It is so ordered.

Dated, Signed and Deliveredat Kitui this 15thday of March,2016.

L. N. MUTENDE

JUDGE