REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 68 OF 2015 REPUBLIC………………..……..PROSECUTOR VERSUS PAUL MUTEMI MUSYONA….……………..ACCUSED RULING 1. Paul Mutemi Musyona hereinafter “the 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 1st day of January, 2011, at Kavaini Mbauso, Kavaini Sub-location, Thitani Location in Migwani District within Kitui County, murdered Mbulo Masaa (deceased). 2. The deceased was the accused’s nephew and they resided at the same homestead. On the 1st day of January, 2011 they returned home in the evening. They had a disagreement. Thereafter the deceased was found injured and the accused had locked himself inside his house. The deceased was taken to hospital for treatment but died while undergoing treatment. 3. A postmortem performed on the body revealed that the cause of death was head injury resulting in extradural and subjural haematoma. The injury having resulted from a blunt force that was exerted on the skull. 4. The only person who was identified as having been with the deceased and having disagreed with him was the accused. Although there may be no direct evidence connecting him to the offence, circumstantial evidence adduced and his conduct after the deceased was found injured points at him as the person who may have caused the act that the deceased succumbed to. 5. In the result, the Prosecution has adduced evidence that is sufficient to have him address the court in his defence, pursuant to Section 306 (2) of the Criminal Procedure Act. 6. It is so ordered. Dated, Signed and Delivered at Kitui this 22nd day of October, 2015 L. N. MUTENDE JUDGE
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