REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 21 OF 2015 REPUBLIC……………………………………………...PROSECUTOR VERSUS MANGATI KUUMA…………......................................…...ACCUSED RULING 1. Mangati Kuuma, the Accused, is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya. Particulars of the offence are that on the 4th day of June, 2012 at Kikuu Sub-location, Mwitika Division, Mutomo District in Kitui County, jointly with others murdered Cosmas Kyendi Munyao (Deceased). 2. At close of the Prosecution’s case, the fact of death was established. PW5, Dr. Patrick Mutuku conducted a postmortem on the body of the Deceased that was identified by a relative. He formed the opinion that the cause of death was severe burns. 3. PW1 Kasele Munyao the wife of the Deceased identified the Accused as one of the persons who pulled him out of their house amidst accusation of having stolen a goat. They led him to where he was burnt as she watched. Her evidence was corroborated by that of PW2 Mwania Munyao. 4. In the celebrated case of Ramanlal Trambklal Bhatt vs. Republic (1957) EA 332 it was held that a prima facie case is one which; “…..A reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence….” 5. This is a matter where eye-witnesses to the act that was committed that resulted into the death of the Deceased have adduced evidence. If the evidence is not challenged then a reasonable court may convict on the evidence given so far. In the premises, I find the Prosecution having established a prima facie case against the Accused that requires him to be put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. 6. It is so ordered. Dated, Signed and Delivered at Kitui this 8th day of September, 2016. L. N. MUTENDE JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.