Republic v Paul Mutemi Musyona [2015] KEHC 1918 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 68 OF 2015

REPUBLIC………………..……..PROSECUTOR

VERSUS

PAUL MUTEMI MUSYONA….……………..ACCUSED

R U L I N G

Paul Mutemi Musyonahereinafter “the accused” is charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code.Particulars of the offence are that on the 1stday of January, 2011,at Kavaini Mbauso, Kavaini Sub-location, Thitani LocationinMigwani Districtwithin Kitui County,murdered Mbulo Masaa(deceased).

The deceased was the accused’s nephew and they resided at the same homestead.  On the 1st day of January, 2011they returned home in the evening.  They had a disagreement.  Thereafter the deceased was found injured and the accused had locked himself inside his house.  The deceased was taken to hospital for treatment but died while undergoing treatment.

A postmortem performed on the body revealed that the cause of death was head injury resulting in extradural and subjural haematoma.  The injury having resulted from a blunt force that was exerted on the skull.

The only person who was identified as having been with the deceased and having disagreed with him was the accused.  Although there may be no direct evidence connecting him to the offence, circumstantial evidence adduced and his conduct after the deceased was found injured points at him as the person who may have caused the act that the deceased succumbed to.

In the result, the Prosecution has adduced evidence that is sufficient to have him address the court in his defence, pursuant to Section 306 (2)of the Criminal Procedure Act.

It is so ordered.

Dated, Signedand Delivered at Kitui this 22ndday of October,2015

L. N. MUTENDE

JUDGE