https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9128

Republic v Muli alias Boss (Criminal Case 20 of 2018) [2026] KEHC 9128 (KLR) (Crim) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 9128 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case 20 of 2018 MW Muigai, J June 18, 2026 Between Republic Prosecutor and Shadrack Kyalo Muli alias Boss Accused Ruling 1.Shadrack Kyalo Muli alias BOSS was arraigned before this court to answer to the charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code 2.Vide information dated 25/4/2018, the prosecution preferred the particulars of charges that: On 29th March 2018 at Commercial Slums in industrial area within Nairobi County the accused murdered Martin Thuita Maina. 3.The Accused person was found Fit To Plead in the mental assessment of14/5/2018. The information/charge was read to accused person pleaded Not Guilty. 4.The Prosecution called 9 witnesses whose testimony was recorded verbatim as follows: - Evidence before Hon LJ S.N. Mutuku; Prosecution Evidence 5.Pw1 Timothy Maina Njuguna a resident of Commercial village Industrial area testified that he was employed at Freemasons Kenya Ltd in Parklands and that the deceased was his son aged 29 years old. That he was in his house on 29/3/2018 when he was called at midnight by John Heho and was told to go see where his son had been stabbed. He looked for transport and took the deceased to Mater hospital, the deceased received emergency treatment but he died while undergoing treatment. 6.That he went to the police station and he also went to the scene where they took details and the police went to Industrial Area police station. 7.That the deceased was not married. He testified that he was not able to talk to the deceased and that he had injuries on the back of the neck, the chest and on the thigh. That there were stab wounds and that John Heho told him that Shadrack also called Kyalo stabbed the deceased. 8.He did not know Shadrack and he saw him at the DCI office at Industrial Area after 2 days. He identified the Accused at the dock. He also identified the body of the deceased at City Mortuary. They later buried him at Gituma village in Kangema, Muranga. That the accused did not attend the burial or send his condolences. He did not have any grudge against the accused. 9.He stated during cross examination that he did not witness the stabbing. 10.Pw2 John Heho Njuguna stated that he lived in Commercial village Industrial area and that on 29/3/2018 he was sleeping in his house when he was called by Martin and told to go because he had been stabbed. He did not tell him who stabbed him. He went to his parents’ house and told his father; he went to the scene and found the deceased lying and bleeding between houses. 11.That the deceased is Martin and he was his big brother, he tried to wake him up and the deceased was able to answer him when he called him but in a weak voice. That he asked Chairman what to do. Chairman is called Juma and is the village elder and was the first to arrive at the scene before him. 12.He told him to look for means to take him to hospital. They got an ambulance and they took him to Mater hospital. That there was also word on who had stabbed the deceased. The deceased told him Boss had stabbed him. 13.He testified that he knew who Boss was and that he was Shardrack Kyalo. That he was not at the scene. He did not know how much time it took the deceased to die but it was not the same night. The deceased died in hospital. The accused was identified in court. 14.He stated that he had known the Accused since childhood and that they grew up together and his home was about 10 meters from the Accused home. He did not know what the Accused did for a living. 15.That the deceased had injuries on the back of the head, on the chest and on the thigh. That there was no light at the scene, it was an alley and they used mobile phone flash lights to see. He confirmed his late brother’s burial in Muranga. The Accused did not attend or send condolences.He held no grudge against him. 16.PW2 on cross examination; he said that Martin called him and told him he had been stabbed. That he did not indicate in the statement that his brother talked to him. He was breathing with difficulty and talking in low tones. That he was holding the deceased on the way to the hospital when he told him that Boss had stabbed him. He also did not record this. That he was in shock because the Accused was his friend. 17.He stated during re-examination that the deceased told him at the car that Boss had stabbed him. 18.Pw3, Joseph Juma Mlongo also a resident of Industrial area and a village elder of Commercial area where he had lived for about 30 years. He was 67 years at the time of his testimony. He stated that he was asleep at his house on 29/3/2018 when he was called by Mwende. She told him that someone had been stabbed and that the person was lying on the ground. He went to the scene and on arrival he saw someone on the ground with stab wounds, he was called Martin and he was known to him. 19.That Martin was bleeding, he called Boss mother who is the mother of the accused on phone. The Accused was also known to him and he identified him in Court. The accused mother is Nduku and he told her about it because it was said her son had stabbed Martin. She came and they tried to find means to take Martin to hospital. That Mwende was the one who told him that Boss had stabbed Martin. He also called the deceased father. 20.That Boss was not at the scene. That he did not talk to Martin and he was not able to talk. He saw blood on the back of the head and side of the chest. They the Accused mother and deceased father teamed up to take him to hospital. 21.He found the deceased alone at the scene and he went back to the scene with Mwende. That Martin was a matatu driver and Boss did not work. They both lived in the village about 300 meters apart and he lived between them . 22.The deceased died at around 2:00 am while Boss was arrested 2 days after the incident. He testified that he did not have personal differences with the accused. 23.In cross examination; PW3 stated that he found that Boss had disappeared and that he was told he had run away .He did not ask the deceased anything. 24.Pw4 Risper Kemunto Machogu a resident at Commercial stated that she grew up in Commercial and that on 29/3/2018 she was at her house washing. She testified that at midnight she overheard the following conversation;Deceased said; ‘’Boss mbona unataka kuniua’’Boss said: “Leo Lazima Nitauua mtu.”Then the deceased said: “Boss mbona unaninua na mimi ni rafiki yako?” 25.That Muende called her and she went and found the deceased lying on the ground. They went and found the village elder; they also recorded their statement. 26.The deceased was Martin and was known to her since childhood, she also knew his voice. Martin was a matatu driver. She grew up with Boss but she did not know what he did for a living. She did not hear any exchange. She said that she found Martin lying outside near her house. It was a corridor and she passed where Martin was lying, they did not talk to him as they passed to call the village elder and that Martin was taken to hospital immediately. His younger brother called John and his father came to the scene . She saw injuries at the back of the head. 27.She also knew Boss’s voice and they all grew up together in the village. She said that she did not see Boss at the scene when she went out and he was not present when Martin was being taken to hospital, he died the same night. The deceased home is about 70 meters away while Boss home is also 70 meters away. Martin was lying about 7 meters from her house. 28.She was present during the burial preparations. That Boss did not send any condolences. She did not have any grudge with the accused. 29.During cross examination of PW3; she did not have any relation with Boss but they grew up together, they were not friends but they greeted each other. That the deceased was his friend. She heard his voice and she heard Boss say “leo nilazima niutaua mtu.” she confirmed that the accused was known to her and that one could not tell if it was the accused since she did not find him. They did not talk to the deceased and he was breathing in a difficult manner. They called the village elder and other people started coming but they did not find anyone when they went out. The deceased was the only one bleeding .She confirmed during reexamination that she heard the Accused talk that night, that they grew up together and she knew his voice and his name. 30.Pw5 Mariana Mwende Mutiso also a resident in Commercial village Industrial area said that she sells vegetables at the area and she had lived at the place for 14 years. That on 29/3/2018 at midnight she was in her house when she heard someone screaming “thief thief .” then heard “Leo Lazima nuue , Leo nitaua “. He repeated screaming saying “thief thief “and the same words again. 31.She was sleeping and she sat up on her bed and heard them, she heard sounds and she stood at the door and heard “Si unanijua .” then “mimi sikujui na sikutambui “. 32.That she opened the door slowly and she looked outside when she saw something on the ground but could not tell whether it was a person. She went to call Risper who was her neighbor, she just knew her as Risper. She woke her up and told her about what she heard. They went to check and they stood near the scene. Their houses are near each other, Risper said it was a human being and they went near and found it was Martin. They went to their village elder who came and see, he started calling on his phone. That they went back to the house. 33.She repeated her evidence that when she opened the door, she saw something on the ground and she called Risper. That Martin was lying about 20 meters from her house and her house was opposite Risper’s house. That she knew Martin who lived in the village she but did not know where he lived. She went back to the house to dress and she went and found people gathered. She observed that Martin was bleeding on the head and leg. She did not recognize the voice of the people talking, she did not know Martin well enough to recognize his voice. 34.She recorded her statement on 18/4/2018, she said she did not hear the name Boss. She referred to the conversation she had told court. She also knew the Accused who was in court. He lived far from her place and had known him since childhood. She did not see any other person outside when she went to call Risper. 35.She heard someone saying “Leo llazima niue, Leo lazima nitaua”. She was able to recognize the voice of Boss, she did not recognize the voice of the person speaking the words .She did not know Martin’s father and did not see him in court, she did not know his brother John Heho. That many people came to the scene and Risper said it was Mato.That there was light from ‘mulika mwizi ‘. She did not attend burial meetings. She also confirmed that Boss is called Kyalo. 36.During cross examination that she saw something on the ground when she opened the door, Risper said it was a person and asked her “who is that, is it a person?”. That it was a bit dark and Risper could not tell. She also told Risper what she heard earlier. She did not hear Boss’s voice. 37.Pw6, Nyakundi Namboga, a resident of South B said that on 28/3/2018 at around 10:00-11:00pm he was with his friend Jonathan Nderitu in a club. The club did not have a name, they were drinking and talking politics. That Boss also called Shadrack kept quiet a bit, that he heard him saying “nitaua mtu leo” 3 times. Pw6 told him they stop talking politics. 38.Pw6 kept away and continued drinking. He was with Boss and the owner of the club and other customers. That the Accused said he was leaving but he was coming back, he took 2-3 minutes and came back. He stood next to the door outside and said no one leaves the club, it was dark outside. 39.He said that the Accused was his friend so he went to talk to him to find out what was the problem. The Accused repeated that no one would leave the club, that the Accused raised up his hand and he heard him hit the door, he did not know what he was holding. The Accused raised his hand again and threw a knife which hit him on the right hand below the elbow. Pw6 asked him why he had stabbed him but he ran away and disappeared, he found him standing outside his house and he told him his friend had stabbed Martin with a knife. That it was 11:00pm. 40.That he knew Mato and he was not in the club, that Mato had already been taken to hospital. That Kihara is the Assistant chairman. That it took 20-30 minutes between the time he was stabbed and the time he was told about Mato’s issue. He did not have any weapon when he went to talk to Boss, they were just talking and he did not hit him, he did not touch him and he did not see anyone attacking Boss. He could not remember. He did not know what Boss did for a living. They grew up together. 41.That Martin was stabbed about 200 meters from Ndeto’s club. He was a driver and they grew up together. Boss was in Court and he identified him and said he is called Shadrack Kyalo. 42.Pw6 also knew Risper Kemunto who also lived in Commercial. That her home was about 100 meters from the club, he also knew Mariane Mwende and her home was also 100 meters from the club. He said that he did not know where Martin lived but he had known him for many years. That the Accused home was far from Martin’s place. 43.That Boss was addressing all the customers of the club and he approached him as a friend to tell him to calm down but he did not calm down. He raised the hand and threw a knife at him; he was also injured the second time he went to look for him but found he had gone. He did not know if the accused was arrested. On 3/4/2018, he recorded his statement at the Police Station. 44.He further said that he did not remember being with Martin at the Club and that he went out with Kiharu and some customers close to Boss. 45.In cross examination, Pw6 said that he did not go to hospital after being injured by a knife and not a piece of timber. He did not get time to go to hospital he did not report to the police. He did not get time to go to hospital. 46.That he went back to the club to calm down. He could not remember whether Martin was in the Club. He was not with Martin. A customer said that he was with Gitonga and boss and Martin. He recorded in the statement that he found Gitonga ,Boss and he noticed Martin was not drinking. That it was due to politics on the government and the opposition and he was on the government side.He did not have a grudge with him. 47.He further stated in reexamination that he did not fight and that he was stabbed on the hand by Boss, he decided not to report. He was given first aid. 48.Pw7 Johnathan Ndeto Kioko also a resident of Commercial South B stated that on 28/3/2018 at 11:30 pm he was with Pw6 in a club at Commercial. That he found Martin and other people at the place at 6:00pm. That Kyalo came to the club, he had sold him and they started talking politics. They discussed elections and Kyalo was proposing Uhuru elections and others said Odinga’s votes were stolen. That differences arose and Kyalo wanted to leave, he told him to pay before leaving but he refused, he told him to leave his ID but he also refused. That the bill was ksh 30/= and he forgave him, 49.They were still disagreeing with Martin and Nyakundi and Kyalo ‘offed’ saying he would return and they will know who he was. He returned with a knife and closed the door .He showed the knife denying anyone to go out . 50.That Nyakundi tried to pacify him and Martin tried to calm him down. That Nyakundi came close to calm him down but Kaylo threw a knife toward him and he was injured on the hand. They realized it was serious and they started screaming calling neighbors. That Kyalo ran away and they closed the club and all ‘offed’ . 51.They had remained for a few minutes, then everyone went their way, that he saw some people coming from Martin’s house direction and they said Martin had been stabbed, they found Martin had been taken to hospital and they went their way . 52.They were about 6 people at the club an Muhindi Professor was present, Martin was present, Boss was present. Boss who is Kyalo was identified in court. 53.That Martin stayed for about one hour before the dispute arose, he drunk alcohol and no one disagreed with him or fought with him. That he paid his bill but Kaylo did not pay That Kyalo was not injured by anyone and it was a political debate. 54.That Kyalo ‘offed’ and came armed with a knife , he closed the door and Kyalo stabbed Nyakundi , Kyalo was standing at the door when Nyakundi came to calm him down , Kyalo escaped after he stabbed Nyakundi . That Martin and Kyalo were talking politics and Martin ‘off’ the club and Kyalo ‘off’ the club. Martin was stabbed at the road but he did not know which direction he took . 55.That Martin was a matatu owner and he had known him for 2 years, Kyalo was working with another company building houses. Mwende lived near the scene and Risper lived in Commercial and was neighbors with Muende. He went to the scene and saw Martin had been taken to hospital. That it was around midnight when he received notice that Martin had been stabbed. 56.During cross examination He stated that they screamed after Kyalo off were saying ‘thief thief.’ That they were referring to Kyalo as the thief, they did not know where he went , they stood outside and returned to finish their drink They shouted ‘thief thief ’ and returned. 57.They chased him outside and then stood there. That Kyalo lived with the mother and it was about 30meters from the Club.He had known Kyalo for 2 years and they used to live in the area and he even knew him then . Further that Kyalo used to come to the club, he did not pay ksh 30/= and he did not cause disturbance before that day.That Kiharu told him Kyalo stabbed Martin. 58.On 23/1/2024, Section 200CPC was read to Accused person and he opted to proceed from where the hearing stopped. Hon LJ L Mutende took down the following evidence; 59.Pw8 Dr Peter Munola Ndegwa Ministry of Health; Pathologist since the year 2005 performed the postmortem at City Mortuary . 60.He testified that deceased body was identified by Timothy Maina Njuguna and John Maina together with Cpl Lilian of Madaraka CID. He noted a penetrating stab wound on the left thigh measuring 2 cm and another one on the back of the head also 2cm.The deceased had a blood clot on the left eye and bruises on the back of the head which were 8 cm. The cause of death was excagination of hemorrhage due multiple injuries due to blunt and sharp force trauma. He produced Post mortem Report as Exhibit 1. 61.In cross examination, Pw8 stated that he noticed one stab wound and blunt injury on the head, back side of the head, a sharp one was on the leg and that the stab wound must have been inflicted by a sharp pointed narrow weapon.On 19/3/2025, Section 200 CPC was read to Accused person and he opted to proceed from where the hearing stopped. Hon LJ M.W.Muigai [this Court] took down the following evidence; 62.Pw 9, Bernard Mutua attached to DCI Makadara at the time testified that on 29/3/2018 he received a report from Industrial area police station. They were with Cpl Lilian and PC Paul & Sgt Kyula when they received report that someone had been murdered by being stabbed with a kitchen knife within Commercial area slums. The person succumbed to injuries while undergoing treatment at Mater hospital. That he was accompanied by his colleagues to Mater hospital where they found the body of the deceased Martin Thuita Maina and he had an injury behind the head and stab wound on the left thigh and knee. That the deceased’s parents and elder Mr. Kihara took the body to City Mortuary. 63.The Investigations commenced on 28/29/3/2018 at 22;30 hrs; the deceased Martin, Nyakundi, Jonathan Kioko were taking brew within Commercial slums area when they were joined by the Shadrack Kyalo alias Boss who also started taking brew and a political debate started and quarrel arose between Shadrack and Nyakundi, Shadrack was called by Jonathan that he owed the Pub Ksh 30/= and he left and said he would kill somebody that day. He came back holding a knife and he started fighting with Nyakundi 64.However, Martin Thuita, (deceased) and Jonathan Kioko over powered the accused Shadrack and chased him calling him “ mwizi mwizi …“ Nyakundi and Kioko returned to the Pub, Thuita did not return. Nyakundi and Kioko were informed that the village elder Jumo alias Kiharu that Martin Thuita was stabbed by Accused Shadrack and he was taken to Mater hospital. 65.Marianne Mwende testified that she heard a voice “mwizi mwizi” and today I want to kill , “leo lazima niue .” She opened the door and she heard someone say “Boss Boss is uninajua ..” other said “sikutambui sikujui .” 66.On opening the door she saw Shadrack Kyalo alias boss stab someone who was lying down with a kitchen knife.The person who had stabbed the deceased fled. That the witness informed Pw3 Risper Kemunto that she heard Shadrack alias Boss say that ‘’today I want to kill’’ and then a voice saying “ haki unanidunga na kisu na wewe ni rafiki yangu ..” They met Marrianne Mwende and they informed the Village Elder. Father of deceased & Elder took deceased to hospital. 67.That Accused fled to Kajiado where his Uncle resided and told him that he fled to him for safety of his life after he had a fight with the deceased and he died. His Uncle took him to Kajiado Police Station and reported the incident vide OB 25/30/3/3018 AT 17.45 HRS. The OCS Kajiado Police Station informed OCS Industrial Area Police Station and the matter fell under DCIO Makadara Area. That SGT Bondo, CPL Murungi and CPL Ogega went to pick the suspect. 68.The suspect arraigned at Makadara Law Courts on 3/4/2018 and the police filed Miscellenous application No. 182/2018 where they were given 15 days to complete investigations. The Post Mortem was done at City Mortuary on 5/4/2018 and the body was identified by family members father and brother of the deceased. The Post Mortem report was produced as Exhibit 1. The Accused person was presented to Dr Shako for mental assessment and he was FIT TO PLEAD. The file was taken to ODPP and charge of murder was preferred. The Accused person was identified in Court. 69.In cross examination, Pw 9 and he stated that according to Juma, the village elder informed the deceased father. Marianne Mwende and Risper Kemunto saw the deceased being stabbed by the accused. Risper told Court that Mariane saw the Accused stab the deceased and Mariane also told him during investigations. He was not aware that she testified that they used a torch and that there was no light . 70.He further stated that he did not take the statement of Juma John and that Kajiado OCS confirmed that the suspect was within the station, he was brought to the station by his uncle and this was recorded in the Occurrence book. That Pw4 and Pw5 were eye witnesses and he recorded their statement. He stated during re-examination that Mariane saw the accused stab the deceased . Submissions On Case To Answer 71.Parties filed written submissions on case to answer. The Accused Submissions 72.The accused submits that the case was not investigated and that the inconsistency in the evidence cases doubt in the case. The case was not proved beyond reasonable doubt and none of the witnesses saw him stab the deceased. 73.Further that the case is based on circumstantial evidence and is an afterthought calculated to fix the him. That there is no evidence to link him to the crime. Prosecution’s Submissions 74.The Prosecution urges that the knife used to kill the deceased who was unarmed .The threats uttered before and during the attack and the fatal injuries point to unlawful and deliberate cause of death . 75.Further that the weapon used and stabbing of the deceased vital areas such as the head and thigh demonstrate intention to cause grievous harm. The Accused fled to Kajiado and surrendered through his uncle after learning about the death 76.The Prosecution submit that flight and the Accused conduct after crime commission is evidence of guilt, reliance is placed on the case of Republic -Vs- Tubere. The accused was identified by Pw7 who served him brew and Pw5 saw him stab the accused at a close range and confirmed the identity with her neighbor. 77.Pw4 recognized the voice making threats with ample opportunity and light and there is no suggestion of mistaken identity. Reliance is placed on the case of Anjanoni -Vs- Republic. 78.Lastly that medical evidence confirmed stab wounds and the deceased was rushed to hospital where he succumbed. Analysis and Determination. 79.Section 306 of the Criminal Procedure Code provides for determination of case to answer where trial proceeds before the High Court. 80.The issue for determination at this stage of the trial is whether the prosecution evidence proves a prima facie case requiring a rebuttal by the accused. 81.Prima facie case was defined in Mozley and Whitleys Dictionary 5th Edition cited in Republic -Vs- Kadenge Katana Kazungu [2020] eKLR at page 2;“.. a prima facie case is where a litigation party is said to have a prima facie case when the evidence in his favor is sufficiently strong for his opponent to be called upon to answer it. A prima facie case, then, is one which established by sufficient evidence, and can be overthrown only by rebutting evidence adduced by the other side.” 82.In the case of Republic -Vs- Wachira (1975) EA 262 Trevelyan and Hancox JJ. also held as follows on prima facie case;“It has been settled for many years that the sufficiency or otherwise of the evidence at close of prosecution case, so as to require an accused to make his defense thereto, is a matter of law. A court is only entitled to acquit at that stage if there no evidence of a material ingredient of the offence or if the prosecution has been so discredited and the evidence of their witnesses so incredible and untrustworthy that no reasonable tribunal, properly directing itself, could safely convict….Apart from these two situations, a tribunal should not in general be called upon to reach decisions to conviction or acquittal until the whole of the evidence which either side wishes to tender has been placed before it. If, however, a submission is made that there is no case to answer, the decision should depend not so much on whether the adjudicating tribunal (if compelled to do so) would at that stage convict or acquit, but on whether the evidence is such that a reasonable tribunal might convict.If a reasonable tribunal might convict on the evidence so far laid before it, there is a case to answer. ” 83.The principle is that the charges and the evidence must disclose the elements of the offence. Further, the Trial Court has power to dismiss charge at the mid stage of the criminal trial where the evidence lacks weight and is insufficient. 84.In the case of Prasad -Vs-Republic (1979) 2 A CRIM R 45 cited in Republic v Kadenge Katana Kazungu cited above at page 3, Ving CJ observed;“I have no doubt that a tribunal which is Judge of both Law and fact, may dismiss a charge at any time after the close of the case for the prosecution, notwithstanding. That there is evidence upon which the defendant could lawfully be convicted, if that tribunal considers shall the evidence is so lacking in weight and reliability that no reasonable tribunal could safely convict on it.” 85.I have considered the prosecution case and the submission filed by Parties/Counsel.The elements of the offence of murder were summed up by the Court of appeal in the case of Anthony Ndegwa Ngari vs. Republic [2014] eKLR, as follows:-a.the death of the deceased occurred;b.that the accused committed the unlawful act which caused the death of the deceased;c.that the accused had malice aforethought. 86.In Republic –Vs- Andrew Omwenga [2009] eKLR the Court held as follows on the elements of murder under Section 203 of the Penal Code;“It is clear from this definition that for an accusedperson to be convicted of murder, it must be proved that he caused the death of the deceased with malice aforethought by an unlawful act or omission – there are therefore three ingredients of murder which the prosecution must prove beyond reasonable doubt in order to secure a conviction. They are:a.The death of the deceased and the cause of the death,b.That the accused committed the unlawful act which caused the death of the deceased andThat the accused had the malice aforethought.” 87.The particulars against the accused are that;“On 29/3/2018 the accused murdered Martin Thuita Maina. The deceased was murdered at Commercial estate within industrial area at around midnight.” 88.Pw1 the deceased was confirmed dead on the night of 29/3/2018 when he was undergoing treatment at Mater hospital. The deceased body was identified by Pw1 who has earlier the deceased suffer from serious injuries. He gave account of events of the night of 29/3/2018 stating that he was called by other son John Heho who told him that the deceased was stabbed. He reached the place where he found the deceased. The deceased could not talk and they arranged for transport to take him to hospital. The deceased died while receiving treatment. 89.Other witnesses also arrived at the scene, namely Pw2 who is the deceased brother and Pw3 who also knew the deceased found the deceased lying on the ground and he had serious bodily injuries and he lay on a pool of blood. Pw4 and Pw5 also saw the person lie on the ground. 90.I find that unlawful cause of death is apparent in the witness testimony and is corroborated by the post mortem report. The deceased suffered from multiple injuries due to blunt and sharp force trauma. The doctor also noted stab wounds on the deceased body and said that the wounds were inflicted by a narrow sharp object. 91.On whether the accused was the assailant, I find that the evidence is corroborated and that the accused voice and threats were overheard by witnesses who were within the scene where the deceased was attacked by his assailant. 92.Pw4 and Pw5 gave account of the events of the night of 29/3/2018. Pw4 stated that the deceased was lying about 20 meters from her house at Commercial area and that her house is next to Pw5. They both stated that they heard voices and conversation about killing someone. 93.PW 4 said that she heard “ Leo Lazima Nitauua mtu.” Then the other voice said: “Boss mbona unaninua na mimi ni rafiki yako? She said that she knew the deceased, they grew up together she also knew his voice. Pw 4 also said that they also grew up together with Boss and she knew his voice. 94.The witnesses also confirmed that the accused and the deceased knew each other and that the two lived in the same area. Pw6 and pw7 were their friends and were at drinking at Ndeto’s club, the deceased and the accused were in the group and that they discussed politics. That the accused walked out angrily. He had also refused to pay the bill and he warned that that he would come back and they would know him. 95.Pw6 heard him say “nitaua mtu leo “3 times and the turn of events that evening is that the accused left and came back and closed the door .He had a knife which he used to injure Pw 6 . 96.I find that the totality of the evidence and state of accused mind proves the requisite intention to kill someone. In the upshot, the Prosecution has proved a prima facie case which requires the accused to answer in his defense. DELIVERED SIGNED & DATED IN OPEN COURT IN CRIMINAL DIVISION AT NAIROBI THIS 18/6/2026.M.W.MUIGAIJUDGE