REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 2 OF 2017 REPUBLIC...........................................................................PROSECUTOR VERSUS JAMES MUSHOKI MUTINDA...................................................ACCUSED RULING 1. James Mushoki Mutinda, 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 of the offence are that on the 29th day of December, 2016 at Kanyangi Location, Lower Yatta Sub-County within Kitui County murdered Wambua Ngwava (Deceased). 2. At the close of the Prosecution’s case the fact of death was established and sufficient evidence was adduced requiring the Accused to give an explanation of what transpired. 3. Therefore, I call upon the Accused to render evidence 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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