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Barnabas Obunga Omboke v. Republic

(2010) JELR 105803 (CA)

Court of Appeal  •  Criminal Appeal 207 of 2007  •  4 Jun 2010  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji



BARNABAS OBUNGA OMBOKE, the appellant, was tried by the High Court of Kenya at Nairobi on an information charging him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence in that information were as follows:-

“BARNABAS OBUNGA OMBOKE: On the 10th day of February, 2004 along Juja road near Pangani Police Station in Nairobi, within Nairobi Area murdered ANTHONY MWANZIA.”

The trial of the appellant commenced on 6th June, 2005 before Rawal, J. with the aid of assessors (as the law then provided). The summary of prosecution case was that on 10th February, 2004, Pc Solomon Makau (PW1), Pc Ndunda and Pc Mwanzia (deceased) all attached to Pangani Police Station were deployed to combat crime along Juja Road when they heard gun shots from the direction of Pangani Shopping Centre. Suddenly, a Peugeot 504 saloon appeared and it was being chased by a green Land Rover. Pc Makau, Cpl. Kimanjo and the deceased Mwanzia joined …

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