REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 11 OF 2016 REPUBLIC……………………………………………...PROSECUTOR VERSUS MARTIN SILA MULI.........................................................ACCUSED RULING 1. Martin Sila Muli, 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 6th day of April, 2012 at Kaangwa Village, Kibwea Sub-location in Kibwea Location in Mutomo District within Kitui County he murdered Maria Sila (deceased). 2. At the close of the Prosecution’s case the fact of death was established by evidence of PW2 Dr. Patrick Mutuku who performed an autopsy on the body of the Deceased. He concluded that the cause of death was severe head injury secondary to assault. PW4 Rebecca Mawia Sila an eye-witness identified the Accused as the one who hit the Deceased with a stool on the head causing her the injury she sustained. 3. In the case of Ramanlal Trambklal Bhatt vs. Republic it was held that a prima facie case is one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no evidence in rebuttal is adduced by the defence. Looking at the evidence adduced in totality, it is apparent that a prima facie case has been established warranting the Accused being put on his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. 4. It is so ordered. Dated, Signed and Delivered at Kitui this 18th day of August, 2016. L. N. MUTENDE JUDGE
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