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Cyrus Kathuri Njeru v. Republic

(2012) JELR 103016 (CA)

Court of Appeal  •  Criminal Appeal 96 of 2007  •  5 Jul 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Kalpana Hasmukhrai Rawal, David Kenani Maraga

Judgement

JUDGMENT OF THE COURT

The appellant, Cyrus KathuriNjeru was charged and tried by the High Court at Embu(Lenaola, J.) for an offence of murder contrary to Sec. 203 as read with Sec. 204 of the Penal Code. The particulars of the charge were that on 5th day of June, 2001 at Shaui Estate, Municipality location in Embu District within Eastern Province, he murdered, Murithi Gichovi alias Kalulu.

The appellant was tried with the aid of assessors as per the law in force at the material time. The learned Judge and the two assessors heard the evidence of 15 prosecution witnesses and the unsworn statement of the appellant. After submissions from both counsel, the appellant was on 27th February, 2007 convicted of the offence of murder as charged and sentenced to death.

Being aggrieved by the conviction and sentence, the appellant has filed this appeal and later the Supplementary Memorandum of Appeal dated 4th April, 2012. Mrs.Gichuhi, learned counsel for the appellant made her submissions based on t…

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