Republic v Titus Ngamau Musila Katitu [2017] KEHC 9498 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

HIGH COURT CRIMINAL CASE NO 78 OF 2014

REPUBLIC.............................................................PROSECUTOR

VERSUS

TITUS NGAMAU MUSILA KATITU...............................ACCUSED

RULING

The accused faces a charge of murder contrary to Section 203 of the Penal Code as read with Section 204 thereof the particulars of which  are that on the 14th day of March, 2013 at Githurai 45 bus stage in Nairobi county murdered KENNETH KINANI MWANGI.

At the close of the prosecution case the prosecution submitted that a prima facie case had been made out to enable the court put the accused on his defence based on the evidence of the prosecution witnesses tendered.

This position has also been taken by the family of the victim.  The accused on the other hand has offered no submission and left it to the court.

At this stage the issue is not whether the prosecution has proved its case beyond reasonable doubt but as to whether a case has been made out  to enable the court put the accused on his defence.

Based on the evidence tendered before me and taking into account the fact that the accused person is alleged to had committed  the offence while on his duties as a police officer in an area where he was so popular that upon his arrest the people of the area held demonstrations and closed the road and the fact that upon this court releasing him on bail the then Senator for Nairobi now Governor stood surety for him and or paid the bond sum, this court finds and holds that a prima facie case has been made by the prosecution against the accused person  to enable the court put  him on his defence which I hereby do so as to enable him state his side of the story if he so wishes.

The accused is advised of his rights under Section 306 of the Criminal Procedure Code and will now through the advice of his counsel choose how he wishes to defend himself.

DATED, DELIVERED and SIGNED at Nairobi this 4th day of October, 2017.

……………….

J. WAKAIGA

JUDGE

In the presence of:-

Miss Mwaniki for the State

Ms Kali for Ombeta for the accused

Accused presence

Court clerk Tabitha