Republic v Moki Masinga [2016] KEHC 7049 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITUI

CRIMINAL CASE NO. 44 OF 2015

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

VERSUS

MOKI MASINGA...................................................ACCUSED

R U L I N G

1. Moki Masinga,the accused, is charged with the offence of murder contrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 8thday of September, 2013at Itiko Village, Itiko Sub-location, Mutito Location, Mutito Districtwithin Kitui Countymurdered Kithiki Munyitya(deceased).

2. Facts of the case were that both the accused and deceased employees of PW3, Michael Nyamaereturned home while drunk.  They quarreled and struggled prior to retiring to their respective houses within their employer’s homestead.  Thereafter the accused ordered PW1 Triza Mbithe Michaeland PW2 Anita Mwende Nyamaeto lock themselves up inside the house.  They rang PW3 and notified him.  He went home to find the deceased lying down in a pool of blood.

3. The fact of death of the deceased was established by PW7 Dr. Patrick Mutukuwho adduced evidence of a postmortem report made by Dr. Christopher Wahinyawho performed the autopsy.  He opined that the cause of death was severe head injury, and a depressed skull fracture.  The injuries were occasioned by weapon(s) used by a person who acted in the circumstances.

4. Evidence adduced at the close of the Prosecution’s case pointed at the accused as the person who most likely caused the death of the deceased.  A tribunal properly directing its mind on the basis of evidence adduced so far would return a verdict of guilty even if no explanation is  rendered in defence.  (See Ramanlal T. Bhatt V. Republic 1957 EA 332).

5.  Consequently, I find a prima faciecase having been established requiring the accused being put on his defence pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.

6. It is so ordered.

Dated, Signedand Deliveredat Kituithis 4thday of February,2016.

L. N. MUTENDE

JUDGE