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Charles M'tomugaa M'tomauta v. Republic

(2013) JELR 103288 (CA)

Court of Appeal  •  Criminal Appeal 59 of 2013  •  5 Dec 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant Charles M'Tomugaa M'Tomauta was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 of the Laws of Kenya). The Information was that on 23rd day of October 2005 at Athirugaiti location in Meru North District within Eastern Province murdered Richard Mwongera. The appellant was tried, convicted and sentenced to death by the Honourable Justice Makau of the High Court sitting at Meru. Aggrieved by the conviction and sentence, he has lodged this appeal.

The prosecution tendered evidence from two eye witnesses. Sampson Mutembei PW 1 testified that he operated a tea kiosk and knew the appellant as his customer. He testified that on 10th October 2005 at 7.30 pm while seated outside his kiosk in the company of the deceased Richard Mwongera and Joses Thuranira PW 2, he saw the appellant making noise as he was walking and quarrelling to himself while saying he would kill someone. The appellant had not reac…

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