REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO 79 OF 2015 REPUBLIC.........................................PROSECUTOR VERSUS FRANK WAMBUA KALILI........................ACCUSED RULING 1. Frank Wambua Kalili, hereinafter “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 being that on the 21st day of June, 2011 at around 11.00pm at Mitila village, Kyangunga Sub-Location, Mulango Location in Kitui District within Kitui County murdered MUTHUI MAUNDU (deceased). 2. Facts are that the deceased was found in a hole burning at the homestead of the Accused. An explanation was given by the Accused that he was attacked. Evidence pointed at him as the perpetrator of the Act that resulted into the death of the deceased that was confirmed by the doctor who performed the autopsy. 3. At the close of the prosecution’s case a prima facie case was established that require the Accused to be called upon to defend himself pursuant to the provisions of Section 306(2) of the Criminal Procedure Code which I hereby do. 4. It is so ordered. 5. Dated, Signed and Delivered at Kitui this 31st day of October 2017. L. N. MUTENDE JUDGE
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