REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. E004 OF 2020 REPUBLIC …………………………………………………...PROSECUTION VERSUS KELVIN KIREU MORONGO ……………………………….1ST ACCUSED JOEL SAIDIMU SERINA ……………………………………2ND ACCUSED SUPUK OLE MATAINE………………………………………3RD ACCUSED JAMES LESI …………………………………........................4TH ACCUSED RULING 1. The accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 20th September 2020 at Lukenya area in Athi River Sub-County within Machakos County they murdered Benson Gakuru Muia. 2. The accused persons all pleaded not guilty to the charge whereupon the prosecution called twelve (12) witnesses in order to prove its case. The prosecution also produced a post mortem report, identification parade forms, a Government Analyst’s report and articles of clothing. Also produced were an exhibit memo form, salt, sticks and sheep skin. HCCR NO. E004 OF 2020 1
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3. After the close of the case for the prosecution, Counsel for the State and for the accused persons opted to make their arguments on case to answer, by way of written submissions, but by the time of writing this ruling, only those of the prosecution Counsel had been filed. 4. Section 306(1) of the Criminal Procedure Code enjoins this court to determine whether a case has been made out against the accused person(s) sufficiently to warrant them to be put on their defence. Should the court find there is no prima facie case, then it must acquit the accused persons at this stage but should it find there is evidence to connect them to the offence, then it must put them on their defence. 5. Having carefully considered the evidence adduced by the prosecution, the exhibits, the submissions on record and the law, I am satisfied that the prosecution has established a prima facie case against the accused persons sufficiently to warrant them to be put on their defence. They shall therefore be required to enter their defence as provided in Section 306(2) of the Criminal Procedure Code. It is so ordered. Ruling signed, dated and delivered virtually via Microsoft teams on this 28th day of May, 2026. E. N. MAINA JUDGE HCCR NO. E004 OF 2020 2
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In the presence of: Mr. Masila for the DPP All 4 Accused persons No appearance for defence Counsel Mary - Court Assistant/Interpreter HCCR NO. E004 OF 2020 3
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