KTI.NO.476/2019 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 5 OF 2015 REPUBLIC....................................................................................PROSECUTOR VERSUS MUMO NZIOKI............................................................................1 ST ACCUSED DAVID MBAI.................................................................................2 ND ACCUSED MWANGANGI KAKUTI............................................................3 RD ACCUSED MUTHUI KAKUTI.....................................................................4 TH ACCUSED BRENSON MUEKE.....................................................................5 TH ACCUSED JULIUS KYALO WAYUA..........................................................6 TH ACCUSED RULING 1. Mumo Nzioki, David Mbai, Mwangangi Kakuti, Muthui Kakuti, Brenson Mueke and Julius Kyalo Wayua hereinafter, the 1st, 2nd, 3rd, 4th, 5th and 6th Accused persons respectively, were arraigned before this Court on the 3rd day of March, 2015 having been 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 9th day of February, 2015 at Kaumba Village, Katulani Division in Katulani District within Kitui County jointly with others not before Court murdered Jackson Kanyalu Kisilu (Deceased). 2. They denied the charge and were taken through trial. At the close of the Prosecution’s case the fact of death was proved by evidence adduced by the Doctor who performed the autopsy, PW6 Doctor Mutuku. On examination of the body he formed the opinion that the Deceased died due to cardio-pulmonary and haemothorax head injury due to trauma. 3. To be put on their defence, there ought to be evidence establishing who may have perpetrated the act that caused the death of the Deceased. Evidence adduced was that the Deceased was subjected to mob justice. Witnesses who testified identified the Accused persons as the perpetrators of the act. 4. Consequently, there is sufficient evidence requiring the Accused persons to be put on their defence pursuant to Section 306(2) of the Criminal Procedure Code. 5. It is so ordered. Dated, Signed and Delivered at Kitui this 16th day of January, 2019. L. N. MUTENDE JUDGE
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