REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI HCCR NO. 23 OF 2018 REPUBLIC...........................................PROSECUTION -VERSUSSMITH TAMA MULI...................................ACCUSED RULING 1. Smith Tama Muli the accused herein stands charged with the offence of murder of Alexander Mbithi on 4th November, 2018 contrary to section 203 as read with section 204 of the Penal Code. 2. The prosecution called a total of 12 witnesses who have testified on what they saw, heard and did. The cause of death was found to be a severe head crush injury with mangled skull bone – caused by a heavy blunt object. 3. None of the parties submitted at this stage. 4. Upon considering this evidence, I am satisfied that a prima facie case has been established against the accused who is hereby placed on his defence under section 306(2) of the Criminal Procedure Code. Orders accordingly. Delivered, signed & dated this 18th day of December 2019, in open court at Makueni. .................................. H. I. Ong’udi Judge
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