1.The accused herein is charged with the offence of murder contrary to Section 203 as read Section 204 of the Penal Code. It is alleged that on February 24, 2017 at Narok Town, Narok North Sub-county within Narok County jointly with others not before court murdered one John Mwaniki Munga.
2.All accused persons pleaded not guilty to the charge. To prove the case against them, the prosecution called and examined a total of fifteen (15) witnesses. Some of the witnesses are relatives of the deceased.
3.At this stage of the proceedings, the court is required to establish whether a prima facie case has been made out to put the accused to their defense.
4.According to the case of Ramanlal Trambaklal Bhatt V Republic (1957) EA 332 :-
5.See also Ojwang J (as he then was) in the case of Republic vs Karanja Kiria Cr Case No 13 of 2004 Nairobi  eKLR that:-
6.Bearing in mind this limitation, I have carefully considered the evidence and it has been established that the deceased died not of natural causes. See the evidence by PW14 -Dr Mutai Kiplangat Titus who conducted a postmortem at Narok County Referral Hospital on the body of the deceased. He produced post mortem report dated 7/03/2017. It was his evidence that the deceased had several bruises on upper and lower limbs and anterior chest wall, visible injury mark on right side of head ocipito temboral region 2x3 cm, darkened skin, hands appear swollen, bruises on right foot, no secretions noted from mouth nor nostrils, dissection of right arm hands thighs reveal tissue darkening and clots suggesting soft tissue injuries.. He opined that the cause of death was cardiorespiratory arrest secondary to very severe blunt head injury and several soft tissue injuries possibly inflicted by blunt objects homicide death.
7.There was other evidence by prosecution witnesses- PW2- Samwel Njoroge, PW3-Jane Soipei Munga, PW4- Charles Kisairo Nyandika, PW5-Abaraham karanja Ndungu, PW6- Samwel Gathika Maina,and PW11- Mariko Muunka Kahoi- which connected them to the death.
8.Accordingly, prima facie case has been established against the accused persons which warrants them be put on their defense.
9.By reason of the matter stated herein, the accused persons are hereby put on their defense to exercise their rights under Section 306(2) and 307 of the Criminal Procedure Code.
10.The court is also acutely aware of their constitutional right under Article 50 of the Constitution; the right to remain silent.
11.The accused person through the advice of their advocates on record are now called upon, if they so wish, to intimate to the court the manner they wish to defend themselves. Orders accordingly.