REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 63 OF 2015 REPUBLIC.................................................PROSECUTOR VERSUS KALELU KAVUSUKI.................................1ST ACCUSED KYAMBI KALELU.....................................2ND ACCUSED MUNEENI MUTHENGI............................3RD ACCUSED MWANGANGI MUTEMI..........................4TH ACCUSED RULING 1. Kalelu Kavusuki, Kyambi Kalelu, Muneeni Muthengi and Mwangangi Mutemi, the 1st, 2nd, 3rd and 4th Accused persons respectively are jointly 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 between the 31st day of October, 2016 and 1st day of November, 2016 at Kimango Location in Mwingi District within Kitui County they murdered Julius Kilonzo Muthengi (Deceased). 2. The Deceased was found dead on the banks of River Mugoo a seasonal river. An autopsy done on his body established his death. The cause of death was stated to be haemorrhage due to multiple injuries that were sustained from blunt trauma. The body was decomposed at the time of examination. 3. Although there was no eye witness to how the Deceased met his death, there was evidence that the Deceased was last seen by his mother, PW1, Rosalia Kalundu Muthengi going to the home of the 1 st and 2nd Accused persons while in company of the 4 th Accused. On the fateful night PW9 John Musyoki Kalelu saw the Deceased who was in company of the Accused persons inside their house. He left them in the house as he retired to bed in a different house within the homestead. 4. In the course of investigations the Deceased’s panga that he carried as he left home on the material date was recovered from the house. A Muslim hat he was wearing was also found in possession of one of the Accused person’s family member. 5. In the circumstances justice would require an explanation from the Accused persons as to what transpired that resulted into the death of the Deceased. I therefore call each one of them to give evidence in their 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 11th day of April, 2018. L. N. MUTENDE JUDGE
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