Republic v Nicholas Mutuku Mwanza [2014] KEHC 2825 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE  NO. 15 OF 2011

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

VERSUS

NICHOLAS MUTUKU MWANZA …………………........………..ACCUSED

RULING

1. Nicholas Mutuku Mwanzia is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.  The particulars of the offence are that on the 26th day of February, 2011 at Kithini Market, Katelembo Sub-location, Kathekakai Location, Machakos District within Masaku County murdered Mutua Maweu.

2. Having considered evidence adduced by the prosecution, it is apparent that the deceased sustained a penetrating abdominal injury caused by a sharp object.  Evidence placed the accused at the scene.

3. In the result, the evidence adduced so far requires the accused to be put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.

4. It so ordered.

DATED, SIGNEDand DELIVERED at MACHAKOS this16THday of SEPTEMBER, 2014.

L.N. MUTENDE

JUDGE