REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 21 OF 2016 REPUBLIC.......................................................PROSECUTOR VERSUS ELIZABETH KATHINI MUVEA........................ACCUSED RULING 1. Elizabeth Kathini Muvea, 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 4th day of August, 2016 at Ngamui Village, Malatani SubLocation in Mutitu Sub-County within Kitui County murdered Munyithya Muvea (Deceased). 2. At the close of the Prosecution’s case there was proof of the fact of death. A post mortem report adduced in evidence established that the cause of death was due to a severe head injury and subdural haemarrhage. 3. Witnesses alluded to a disagreement between the Deceased and the Accused. The following morning, he was found dead in the kitchen with visible injuries. Circumstantial evidence per the investigations carried out pointed at the Accused as a suspect. Therefore, I call upon her to explain 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 26th day of November, 2019. L. N. MUTENDE JUDGE
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