REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. 68 OF 2008 REPUBLIC …………………………………………………….RESPONDENT VERSUS ANTHONY KYALO MUKULI…………………………………..ACCUSED RULING 1. Antony Kyalo Mukuli (accused) is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence are that on the 10th day of July, 2008 at Mikameni village, Ekalakala sub-location, Ekalakala Location, Masinga Division within the Yatta District of the Eastern Province murdered Hellen Mwikali Francis. 2. At the conclusion of the prosecution case, evidence adduced establishes the fact that the cause of the deceased’s death was cardio-pulmonary arrest due to asphyxia secondary to neck strangulation. The fact that the deceased died a natural death as a result of some illness would therefore be ruled out. 3. Consequently, I am convinced that evidence adduced establishes a prima facie case whereby conviction could follow in case there is no explanation offered by the defence. (See Ramanlal Tambalal Bhatt versus Republic [1957] E.A. 322). 4. Therefore, the accused shall defend himself in accordance with Section 306(2) of the Criminal Procedure Code. 5. It is so ordered. DATED, SIGNED and DELIVERED at MACHAKOS this 15TH day of SEPTEMBER, 2014 L.N. MUTENDE JUDGE
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