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Benard Wambua Mbenzi, Paul Kituku Mutisya & Paul Katiku Musyoka v. Republic

(2010) JELR 105762 (CA)

Court of Appeal  •  Criminal Appeal 226 of 2004  •  16 Apr 2010  •  Kenya

Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji



The appellants, Bernard Wambua Mbenzi, Paul Kituku Mutisya and Paul Katiku Musyoka were arraigned in the superior court at Machakos with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the information were that on 14th day of January, 1992 at about 9.00 p.m. at Kavete village in Mitaboni Location of Machakos District within Eastern Province they jointly murdered Charles Kiio Mulei, the deceased. The deceased owned shop business at Kavete village. He was in his shop on 14th January, 1992 at around 9.00 p.m. when thugs invaded the shop and killed him. His wife Nzisa Kiio (PW1) who came to see the deceased at the shop during that night became suspicious when she found it locked from inside and also heard strange movements therein. She raised an alarm and neighbours came to the shop. They included Daniel Mbatha Kitungu (PW2), Timothy Munyao (PW3), Peter Mwangei (PW4), Peter Ndangili Mbithi (PW5), Daniel Mutiā€¦

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