Republic v Mwitsa alias Bartholo (Criminal Case E030 of 2022) [2025] KEHC 19052 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEHC 19052 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL CASE E030 OF 2022 AC BETT, J DECEMBER 19, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BONFACE MWITSA ALIAS BARTHOLO ................................................ ACCUSED RULING 1. The Accused is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. I have perused the evidence adduced by the prosecution. According to the post-mortem report, the Accused died as a result of external blood loss secondary to sharp force trauma following assault. 3. An eye witness testified that a confrontation arose between the Accused and another man which led to the assault upon the deceased. 4. There is sufficient evidence to call for an explanation by the Accused. He is therefore placed in his defence. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 19TH DAY OF DECEMBER 2025. A. C. BETT JUDGE In the presence of: Ms. Chala for the Prosecution No appearance for Mr. Arwanda for the Accused Court Assistant: Polycap https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19052/eng@2025-12-19 1
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