REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 28 OF 2016 REPUBLIC.......................................................................PROSECUTOR VERSUS RHODA NDUTI MBUVI.................................................1 ST ACCUSED DAVID NZUKI.................................................................2 ND ACCUSED KIOKO NZUKI................................................................3 RD ACCUSED RULING 1. Rhoda Nduti Mbuvi (1st Accused), David Nzuki (2nd Accused) and Kioko Nzuki (3rd Accused) are charged with the offence of Murder contrary to Section 203 as read with 204 of the Penal Code (Cap 63), Laws of Kenya. Particulars of the offence are that on the 1st day of December, 2016 at around 1100hrs at Kangondi Location in Kitui West Sub-County within Kitui County murdered Mwalimu Nzuki (Deceased). 2. Facts of the case are that the Deceased was assaulted. He sustained injuries that he subsequently succumbed to. The Accused persons surrendered to the police, were arrested and subsequently charged. 3. At the close of the Prosecution’s case, the fact of death was proved by evidence of a postmortem report that was adduced in evidence by PW6 Doctor Edward Kiatu who opined that the cause of death was severe head injury and issued Certificate of Death No. 0987482. 4. This is a case where it was stated by Prosecution witnesses that after the altercation, the Accused surrendered to the police. It therefore behooves them to render an explanation as to what transpired. In the result, I call upon them to give the explanation pursuant to the provisions of Section 306(2) of the Criminal Procedure Code. 5. It is so ordered. Dated, Signed and Delivered at Kitui this 24th day of July, 2019. L. N. MUTENDE JUDGE
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