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David Munga Maina v. Republic

(2006) JELR 105387 (CA)

Court of Appeal  •  Criminal Appeal 202 of 2005  •  4 Aug 2006  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji



The appellant, David Munga Maina, was charged before the superior court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 14th day of October, 2002, at Thumaita Village in Kirinyaga District within Central Province, he murdered Sarah Muthoni Ngari. He pleaded not guilty. A total of twelve witnesses testified in that case which was High Court Criminal Case Number 97 of 2003 and after the full hearing the superior court (Okwengu, J) found him guilty as charged, convicted him and sentenced him to death as provided by law. That sentence was awarded on 30th September, 2004. All the assessors had also given their opinion that the appellant was guilty of murder. In convicting the appellant, the learned Judge stated inter alia as follows:

“I have considered whether the accused had the necessary mensrea to cause the death of the deceased. The Accused testified in his defence that on…

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