Republic v Mwololo (Criminal Case 33 of 2019) [2025] KEHC 10801 (KLR) (23 July 2025) (Ruling) Neutral citation: [2025] KEHC 10801 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL CASE 33 OF 2019 HI ONG'UDI, J JULY 23, 2025 BETWEEN REPUBLIC ............................................................................................................ STATE AND PATRICIA MBITHE MWOLOLO .............................................................. ACCUSED RULING 1. Patricia Mbithe Mwololo hereinafter referred to as the accused is charged with the ofience of Murder contrary to section 203 as read with section 204 of the penal code. The particulars were that the accused on the night of 7th and 8th day of July, 2019 at Ngondu Egerton Trading Centre in Njoro sub-county within Nakuru county jointly with others not before court murdered David Ongeri Onchere. 2. Having denied the charge, the matter proceeded to full hearing with the prosecution calling ten (10) witnesses. At the close of the prosecution case both counsel filed and exchanged written submissions. 3. There is no dispute that the deceased’s death was not a natural one. It’s also not disputed that no eye-witness testified in this case. What is before this court is circumstantial evidence. It is further not disputed that the accused and deceased were lovers. Upon considering all the evidence on record plus both submissions, I am satisfied that the prosecution has established a prima facie case against the accused who I hereby place on her defence under section 306(2) Criminal Procedure Code. 4. Orders accordingly DELIVERED, DATED AND SIGNED THIS 23RD DAY OF JULY, 2025 IN OPEN COURT AT NAKURU. H. I. ONG’UDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10801/eng@2025-07-23 1
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