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(2007) JELR 104961 (CA)

Court of Appeal  •  CRIMINAL APPEAL 69 OF 2004  •  27 Jul 2007  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, William Shirley Deverell



The appellant, David Ciayu Njogu, was arraigned before the High Court, in Nairobi, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, was later tried with the aid of assessors and was found guilty and thereafter convicted. He was then sentenced to the mandatory death sentence. The evidence which was tendered against him was straightforward, even though his counsel Mr Njanja, submitted that it was vague and lacking in particularity regarding the identification of the appellant as one of the people who attacked and fatally wounded Joseph Maina Kiama, the deceased.

The prosecution case was that on the night of 1st August 2000 at 4.30a.m, thieves entered the house of John Njoroge Mwangi (PW1) (John) at Maringo Estate, Nairobi, and made away with several items, among them a television set, and a radio. John had gone to draw water at the time. As he approached his house on his way back, he saw someone coming out of the house car…

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