Republic v Samuel Maundu Ndolo [2019] KEHC 5689 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

CRIMINAL CASE NO. 174 OF 2017

REPUBLIC..............................PROSECUTION

-VERSUS-

SAMUEL MAUNDU NDOLO.......ACCUSED

RULING

1. The accused person was charged with offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya.

2. Particulars being that on 18/04/2013 at Nditikwa Village, Kalongo Sub-location, Kiboko Location in Kilungu District within Makueni County murdered David Musyoki Ndolo.

3. The accused pleaded not guilty and matter went into trial.

4. The prosecution called 3 witnesses.

5. PW3 Alice Kamengele Ndolo, mother of the accused and the deceased testified how on 18/07/2013 at 5. 30 a.m. heard the noise of iron sheet and went to check what was happening.  She found accused holding knife and the accused lying down with a cut.  The accused ran away.

6. As the deceased was bleeding profusely, she ran to get clothing to cover him to stop bleeding.

7. She saw cuts at the knees, leg and elbow.  She asked accused why he did cut his brother but he ran away.  Her other son Mark joined her in the scene and she screamed for help.

8. Deceased was taken to hospital but eventually passed on due to the injuries sustained.

9. PW1 investigating officer investigated the case and eventually charged accused with offence of murder.

10. PW2 a doctor Edwin Walong a pathologist produced postmortem and opined that deceased died due to severe head injuries.

11. The accused is the only person who was with deceased and was seen holding a sharp object (panga) which could inflict the injuries observed on the deceased and which caused the death.

12. The ingredients of offence of murder are on prima facie basis disclosed by evidence on required standard thus warranting the accused to render a defence thereof.

13. The court thus puts the accused on his defence as he has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 31ST DAY OF MAY, 2019.

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C. KARIUKI

JUDGE