Republic v Christopher Musavi Kyalo & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 10 OF 2015 REPUBLIC…………………………………………..……..PROSECUTOR VERSUS CHRISTOPHER MUSAVI KYALO.............................…..1ST ACCUSED MUTISO PETER.......................………………………….2ND ACCUSED RULING 1. Christopher Musavi Kyalo and Mutiso Peter, the 1st and 2nd Accused persons respectively are 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 5th day of September, 2006 and 6th day of September, 2006 at Mosquito Estate in Kitui Town of Kitui District within the Eastern Province murdered Fredrick Kimanzi Munuve (Deceased). 2. Facts of the case are that Fredrick Kimanzi Munuve (Deceased) was found in his house lying down in a pool of blood with penetrating stab wounds to the lower limbs, chest and heart. The matter was reported to the police who investigated the case and arrested the Accused persons. 3. Investigations carried out culminated into the recovery of items stated to belong to the Deceased in houses that were alleged to be for the Accused persons. 4. At the close of the Prosecution’s case, sufficient evidence had been adduced that raised facts in question that would result into the Accused persons’ conviction unless rebutted. On that basis I find a prima facie case having been established that requires the Accused persons to be put on their defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code which I hereby do. Dated, Signed and Delivered at Kitui this 1st day of March, 2016. L. N. MUTENDE JUDGE