REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 3 OF 2016 REPUBLIC..............................................................................................PROSECUTOR VERSUS STEPHEN MUEMA MWILU........................................................................ACCUSED RULING 1. Stephen Muema Mwilu is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence are outlined in the charge sheet. 2. At the close of the Prosecution’s case, evidence tendered was that the Accused, the father of the Deceased held her and threw her down. The child became unconscious as a result of the unlawful act perpetrated by the Accused. She was rushed to hospital but pronounced dead on arrival. 3. A post-mortem conducted revealed that the cause of death was cardiopulmonary arrest secondary to subarachnoid haemorrhage. The blood vessel having burst in the brain that was attributed to the fall that was perpetrated by the Accused. Therefore, it calls upon the Accused to give an explanation in his defence pursuant to Section 306(2) of the Criminal Procedure Code. 4. It is so ordered. Dated, Signed and Delivered at Kitui this 4th day of July, 2019. L. N. MUTENDE JUDGE
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