No. 295/2014 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. 21 OF 2012 REPUBLIC …..................................................................PROSECUTION VERSUS TITUS MUNYAO MUKEI ……….........……………………………….ACCUSED RULING 1. Titus Munyao Mukei is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence being that on the 6th day of June 2012 at Kyumoni Village, Katulani Sub-location of Katulani District within Kitui County, with others not before court murdered Kweta Mukei 2. At the close of the prosecution’s case there was evidence adduced by PW2, Paul Mukei who stated that on the material night he was able to see one of the persons who was in company of people who attacked his mother, the deceased herein. He identified the person as the accused herein. 3. PW3, Mukei Isika stated that he recognized the voice of one of the person who was urging the rest to order the deceased to open the door as that of his son the accused herein. 4. In the case of Ramanlal T. Bhatt VR [1957] E.A. 332 -it was stated as follows:“A prima facie case is not made out if at the close of the prosecution the case is merely one which on full consideration might possibly be thought sufficient to sustain a conviction. The question whether there is a case to answer cannot depend only on whether there is ‘some’ evidence irrespective of the credibility or weight sufficient to put the accused on his defence. A mere scintilla of evidence can never be enough; nor any amount of worthless discredited evidence”. 5. Evidence of death was adduced. It is stated that one of the person who was in company of the people who did the actual action of fatally injuring the deceased was the accused. This is evidence that would require the accused being called upon to offer an explanation. In the premises, a prima facie case has been established that warrant the accused being put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. DATED, SIGNED and DELIVERED at MACHAKOS this 3RD day of JUNE, 2014. L.N. MUTENDE JUDGE
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