Republic v Mumo Nzioki, David Mbai, Mwangangi Kakuti, Muthui Kakuti, Brenson Mueke & Julius Kyalo Wayua [2019] KEHC 10013 (KLR)

KTI.NO.476/2019

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 5 OF 2015

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

VERSUS

MUMO NZIOKI............................................................................1ST ACCUSED

DAVID MBAI.................................................................................2ND ACCUSED

MWANGANGI KAKUTI............................................................3RD ACCUSED

MUTHUI KAKUTI.....................................................................4TH ACCUSED

BRENSON MUEKE.....................................................................5TH ACCUSED

JULIUS KYALO WAYUA..........................................................6TH ACCUSED

R U L I N G

1. Mumo Nzioki, David Mbai, Mwangangi Kakuti, Muthui Kakuti, Brenson Muekeand Julius Kyalo Wayuahereinafter, the 1st, 2nd, 3rd, 4th, 5th and 6th Accused persons respectively, were arraigned before this Court on the 3rdday of March, 2015having been 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 9thday of February, 2015at Kaumba Village, Katulani Divisionin Katulani Districtwithin Kitui Countyjointly with others not before Court murdered Jackson Kanyalu Kisilu(Deceased).

2. They denied the charge and were taken through trial.  At the close of the Prosecution’s case the fact of death was proved by evidence adduced by the Doctor who performed the autopsy, PW6 Doctor Mutuku.On examination of the body he formed the opinion that the Deceased died due to cardio-pulmonary and haemothorax head injury due to trauma.

3. To be put on their defence, there ought to be evidence establishing who may have perpetrated the act that caused the death of the Deceased.  Evidence adduced was that the Deceased was subjected to mob justice. Witnesses who testified identified the Accused persons as the perpetrators of the act.

4. Consequently, there is sufficient evidence requiring the Accused persons to be put on their defence pursuant to Section 306(2)of the Criminal Procedure Code.

5. It is so ordered.

Dated, SignedandDeliveredatKituithis16thday of  January, 2019.

L. N. MUTENDE

JUDGE