No. No. 395/14 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. 5 OF 2012 REPUBLIC ………………………………………………………...........PROSECUTOR VERSUS JOSEPH WANJOHI NDUNG’U…………………………………………1ST ACCUSED NAFTALI MWAIKA LIMBOLO……………………………………..…..2ND ACCUSED STEPHEN MUCHOI LIMUKI ALIAS ASKOFU…………………….....3RD ACCUSED RULING 1. John Wanjohi, Naftali Mwaika Limbolo and Stephen Muchai hereinafter “the accuseds” are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.The particulars being that on the 12th day of January 2012 at Bisiil Trading Centre in Kajiado District within Kajiado County jointly murdered Joshua Nkuruna. 2. At the conclusion of the prosecution’s case it was proved that the deceased died of an injury inflicted upon his person. The cut wound on the neck severed the jugular vein which resulted into severe bleeding, hence his death. 3. Evidence adduced by PW6 and PW10 points at the accused persons as perpetrators of the offence which would require them to give an explanation of what happened. 4. Consequently, a prima facie case has been established against all the three accuseds requiring them to be put on their defence in accordance with Section 306 (2) of the Criminal Procedure Code. 5. It is so ordered. DATED, SIGNED and DELIVERED at MACHAKOS this 22TH day of SEPTEMBER, 2014. L.N. MUTENDE JUDGE
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