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Daniel Nzioka Mbuthi & Simon Maina v. Republic

(2021) JELR 102888 (CA)

Court of Appeal  •  Criminal Appeal 121 of 2017  •  5 Feb 2021  •  Kenya

Coram
Daniel Kiio Musinga, Jamila Mohammed, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is a first appeal from the judgment of the High Court of Kenya at Embu (F. Muchemi, J) delivered on 2nd August, 2017. In the information that had been presented to that Court, the two appellants, Daniel Nzioka Mbuthi and Simon Maina were charged with the offence of murder contrary to section 203 as read with Section 204 of the Penal Code, particulars being that on 27th December 2011 at Machang’a Shopping Centre in Mbeere South District of Embu County, they unlawfully and jointly murdered Bernard Kimathi Kiara. A trial took place before the said Judge where the prosecution called nine witnesses; the Judge found that a case had been established to put the appellants on defence; they gave sworn testimonies and called one witness. The Judge evaluated the case by both sides and found that the prosecution had proved the case as required by law. The appellants were convicted and sentenced to death. They were aggrieved by those findings and filed this appeal.

In the m…

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