REPUBLIC V MUSILI TULO[2012]eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
Criminal Case 41 of 2010
REPUBLIC……………………………………………….PROSECUTOR
VERSUS
MUSILI TULO………………………………………………...ACCUSED
JUDGMENT
Musilli Tulo stands accused of the offence of murder contrary to section 203 as read with 204 of the
Penal Code. It is claimed that on 30th June, 2010 at Mwingi Central Location, Mwingi Central District,
within the Eastern Province he murdered Scollah Kalunda Mwenga. The accused denied the
information.
The facts of the case as presented by the prosecution are in brief as follows:According to Viata Samson Mwenga (PW1), the mother to the deceased, on 30th June, 2010,
the deceased left for Mwingi Market in the morning. However, she never made it back. The witness
thought that she had gone to her matrimonial home. The accused was her husband. She had come
home following domestic problems with the accused over the deceased step daughter whom she had
sired outside wedlock before marrying the accused. The accused was bent on having sex with the said
daughter. When the deceased came by the information she and the daughter fled to her
parent’s home. After the deceased failed to return from the market, the family gathered on 1st July, 2010
to deliberate on what action to take. It was then that they received a phone call from the accused’s
brother who informed them that the deceased was dead. That she had been killed by the accused who
had thereafter fled to Narok. The following day, they informed the local chief who accompanied them to
where they had been informed that they would find the body of the deceased. They were also
accompanied to the scene by police officers. However, they did not come across the body at the
site. The deceased’s brother, Muema then gave the police the accused’s tell phone number. When
called, the accused claimed to be in Garissa. Nonetheless he informed them where they could find the
body of the deceased. They proceeded to a cave where indeed they came across the body of the
http://www.kenyalaw.org - Page 1/8