Republic v Mwendwa Mbiti [2013] KEHC 559 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE NO. 64 OF 2009

REPUBLIC

VERSUS

MWENDWA MBITI ……….… ACCUSED

R U L I N G

Mwendwa Mbiti, the accused person herein is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.  Particulars of the offence thereof being that on the 20th day of October 2009 at Majengo Estate within Kitui Township, Kitui District of the Eastern Province murdered Wambua Manzi.

At the conclusion of the prosecution’s case evidence adduced established that accused stabbed the deceased with a knife following a disagreement.  The Doctor who performed a postmortem on the body of the deceased opined that the cause of death was haemothorax/pericardial effusion due to stab wound on the chest.

Any reasonable tribunal, properly directing its mind to law and evidence adduced so far on return a verdict of guilty without any explanation being rendered in defence.  This means that a prima facie case warranting the accused being put on his defence has been established (See Ramanlal T. Bhatt versus Republic (1957) E.A. 332).

The accused shall be required to address the court on defence pursuant to the provisions of section 306 (2)of the Criminal Procedure Code.

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L. MUTENDE

JUDGE

Dated and delivered at Machakos this 18thday of December 2013.

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L. MUTENDE

JUDGE