REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 44 OF 2015 REPUBLIC.....................................................PROSECUTOR VERSUS MOKI MASINGA...................................................ACCUSED RULING 1. Moki Masinga, 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 8th day of September, 2013 at Itiko Village, Itiko Sub-location, Mutito Location, Mutito District within Kitui County murdered Kithiki Munyitya (deceased). 2. Facts of the case were that both the accused and deceased employees of PW3, Michael Nyamae returned home while drunk. They quarreled and struggled prior to retiring to their respective houses within their employer’s homestead. Thereafter the accused ordered PW1 Triza Mbithe Michael and PW2 Anita Mwende Nyamae to lock themselves up inside the house. They rang PW3 and notified him. He went home to find the deceased lying down in a pool of blood. 3. The fact of death of the deceased was established by PW7 Dr. Patrick Mutuku who adduced evidence of a postmortem report made by Dr. Christopher Wahinya who performed the autopsy. He opined that the cause of death was severe head injury, and a depressed skull fracture. The injuries were occasioned by weapon(s) used by a person who acted in the circumstances. 4. Evidence adduced at the close of the Prosecution’s case pointed at the accused as the person who most likely caused the death of the deceased. A tribunal properly directing its mind on the basis of evidence adduced so far would return a verdict of guilty even if no explanation is rendered in defence. (See Ramanlal T. Bhatt V. Republic 1957 EA 332). 5. Consequently, 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. 6. It is so ordered. Dated, Signed and Delivered at Kitui this 4th day of February, 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.