REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 47 OF 2013 REPUBLIC..........................................................PROSECUTOR VERSUS MESHACK NGOVI MUTAVI.........................................ACCUSED R U L I NG 1. Meshack Ngovi Mutavi, hereinafter “the accused” is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 19th day of September, 2015 at about 22.00 hours at Kavukuni Village, Utaati Sub-location, Ukia Location of Kaiti Division, Makueni District within Makueni County murdered Job Maveke Kituku aged 51 years. 2. At the close of the prosecution case the fact of death was proved by evidence of a post-mortem conducted on the deceased. He died as a result of internal bleeding and skull fracture that was sustained as a result of blunt trauma to the head. 3. Evidence adduced though circumstantial in nature, points at the accused as the perpetrator of the offence. In the premises, I find a prima facie case having been established requiring the accused being put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code . 4. It is ordered. DATED, SIGNED and DELIVERED at MACHAKOS this 21ST day of APRIL, 2015. L.N. MUTENDE JUDGE
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