Republic v Salim Nguthu Mulwa & Mathew Makau Munyithya [2015] KEHC 1666 (KLR)

KTI.NO.17/2015

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 64 OF 2015

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

VERSUS

SALIM NGUTHU MULWA…………………………………..1ST ACCUSED

MATHEW MAKAU MUNYITHYA………………………….2ND ACCUSED

R U L I N G

Salim Nguthu Mulwaand Mathew Makau Munyithyahereinafter “the Accused 1” and “Accused 2” respectively are charged with the offence of Murder contrary to Section 203as read with Section 204of the Penal Code.  Particulars of the offence are that on the 24thday of March, 2012at Kyambusya Village,within Kyambusya Sub-location, Kalima Locationin Matinyani Districtwithin Kitui County,jointly murdered Rose Muteti(deceased).

The case as presented by the prosecution is that people who live near Kayo Riverwere woken up at about 5. 00 a.m. by screams.  Some of them including PW1 Ambrose Ngala Mabinduand PW2 Ekendu Mabinduanswered the call of distress.  They found accused 1 and accused 2 at the scene at Kayo River Bed.The deceased was lying at the river bed having sustained a deep cut on her right leg.  Accused 1 was there armed with a catapult while accused 2 had a wooden club.  Accused 1 was found in the act of hitting her with a stone as the deceased begged for forgiveness.  All over sudden she stopped responding.

The administrators and ultimately the police were called.  The body was later moved to Kitui District Hospital.  An autopsy carried out on the body revealed that she died of massive haemorrhage secondary to severed popliteal artery.  This was proof of death.

The accused persons having been placed at the scene of the incident where the deceased was found dead, is sufficient evidence requiring them to defend themselves pursuant to the provisions of Section 306 (2)of the Criminal Procedure Code.

It is so ordered.

Dated, Signed and Deliveredat Kitui this 21stday of October,2015

L. N. MUTENDE

JUDGE