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(2009) JELR 102851 (CA)

Court of Appeal  •  Criminal Appeal 24 of 2007  •  2 Oct 2009  •  Kenya

Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



On 12th February, 2006, David Karanja Gicheru, the appellant herein, walked into a bar in Shabab Estate in Nakuru town known as Pentag Beer Bar. There he found Peter Njoroge Koigi (the deceased) seated with one Mary Waithera Teresia, taking beer. It was about 8.30 p.m. The appellant then went to the table where the deceased was seated, took his beer, and threw it on the ground. The deceased slapped him and they engaged in a scuffle which was quelled by other patrons. The deceased and Mary left the bar. As they walked away, the appellant followed them shouting “thieves”. He got hold of the deceased and started beating him. Members of the public joined in and started beating the deceased. He collapsed and died. The police later collected the body and took it to the mortuary where a postmortem report revealed the cause of death as brain oedema due to blunt head injuries which were severe. The appellant was thereafter arrested and charged before the superior court wit…

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