1.Nyamala Kamete, the Accused, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the information being that on the 15th day of May, 2017 in Kilimani area, within Nairobi County, the accused murdered Caroline Mutano Mutie (Deceased).
2.At the close of the prosecution’s case, based on evidence adduced, this court is required to determine if a prima facie case has been established against the accused requiring him to defend himself. Evidence adduced should be sufficient to justify a conviction in case the accused does not rebut evidence put forward.
3.A prima facie case was defined in the case of R.T. Bhatt vs Republic  EA 332 – 335 by the Eastern Court of Appeal as follows:
4.The question of death having occurred is not in dispute. The cause of death was acute kidney injury due to 497 surface area, 2nd /3rd degree burns.
5.PW1 was one of the people who saw the accused leave with the deceased on the night of 15th May, 2015, at 7.00 pm, after a drinking spree. At about 10.00 pm, she was rang by the accused who notified her that her sister, the deceased, had been taken to Kenyatta National Hospital. She went there and the deceased purportedly told her that the accused had burnt herself with simmering water for cooking ugali. Thereafter, she was not able to talk until she passed on.
6.The allegation constituted last words of the deceased as death was imminent. The hearsay statement may be reliable as it was alleged to have been made in the presence of the accused. This calls for an explanation by the accused who allegedly claimed that the deceased burnt herself.
7.From the foregoing, I find the State having demonstrated existence of a prima facie case requiring the accused to defend himself pursuant to the requirement of Section 306 (2) of the Criminal Procedure Code.
8.It is so ordered.