KTI.NO.638/2019 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 32 OF 2015 REPUBLIC............................................................................PROSECUTOR VERSUS SAMMY NGATI MUNYALO.....................................................ACCUSED RULING 1. Upon arraignment in Court, the Accused was 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 31st day of January, 2015 at around 5.30 p.m. at Kiimani Village, Kanyonyo Location, Lower Yatta Sub-County within Kitui County in the Republic of Kenya murdered Maria Mueni and Mwongeli Mueni (Deceased). 2. At the close of the Prosecution’s case the fact of death of the two minors was established. The cause of death was internal haemorrhage as a result of blunt force, vaginal and anal penetration and strangulation after sodomy, respectively. 3. The Accused having been placed at the scene of the incident, it behooves him to render an explanation as to what transpired pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. 4. It is so ordered. Dated, Signed and Delivered at Kitui this 19th day of November, 2019. L. N. MUTENDE JUDGE
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