Republic v Mathias Mutinda Munguti [2019] KEHC 3315 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MAKUENI

HCCR NO. 11 OF 2018

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

VERSUS

MATHIAS MUTINDA MUNGUTI.....................................ACCUSED

RULING

1. The accused Mathias Mutinda Munguti is charged with the offence of Murder contrary to Section 203 as read with Section 204 Penal Code. The particulars being that the accused killed Dominic Mwania Matheka who the witnesses referred to as Mambo.

2. The accused denied the charge. The prosecution presented six (6) witnesses to prove it’s case.

3. Pw1 Mwangangi Matheka, Pw2 Silvester Kiinde Munguti, Pw4 Michael Kasina Nzalu and Pw6 George Muli Mutuku explained to the court what they saw and heard that night.

4. Pw3 Stephen Muli Musembi and Pw5 Julius Kalunda also told the court the role they played at the scene.

5. I have considered the submissions by the defence. I am satisfied that the prosecution has established a prima facie case requiring the accused to make his defence under Section 306 (2) Criminal Procedure Code.

Orders accordingly.

DELIVERED, SIGNED & DATED THIS 17TH DAY OF OCTOBER 2019, IN OPEN COURT AT MAKUENI.

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H. I. ONG’UDI

JUDGE