REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. 15 OF 2011 REPUBLIC ……………………………………………...…...PROSECUTOR VERSUS NICHOLAS MUTUKU MWANZA …………………........………..ACCUSED RULING 1. Nicholas Mutuku Mwanzia is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 26th day of February, 2011 at Kithini Market, Katelembo Sub-location, Kathekakai Location, Machakos District within Masaku County murdered Mutua Maweu. 2. Having considered evidence adduced by the prosecution, it is apparent that the deceased sustained a penetrating abdominal injury caused by a sharp object. Evidence placed the accused at the scene. 3. In the result, the evidence adduced so far requires the accused to be put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. 4. It so ordered. DATED, SIGNED and DELIVERED at MACHAKOS this 16TH day of SEPTEMBER, 2014. L.N. MUTENDE JUDGE
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