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Original judgment

Republic v Robert Mbuvi Ngwekwe

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 38 OF 2015 REPUBLIC..................................................PROSECUTOR VERSUS ROBERT MBUVI NGWEKWE........................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 night of 13th day of June, 2014 at Kanyonyo SubLocation, Kanyonyo Location within Kitui County, jointly with another not before Court murdered Antony Kasala Nguthu and Kalimi Musangi (Deceased). 2. At the close of the Prosecution’s case the fact of death was established. The cause of death in both incidents was stated to be cardiopulmonary collapse due to severe bleeding (haemorrhage) secondary to cut wounds. 3. Circumstantial evidence adduced require the Accused to give an explanation regarding what happened prior to the bodies of the deceased persons being found. Therefore, I call upon him to do so 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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