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David Ngugi Gichuru v. Republic

(2011) JELR 105267 (CA)

Court of Appeal  •  Criminal Appeal 134 of 2007  •  1 Jul 2011  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji



In the information dated 17th February 2004, the appellant David Ngugi Gichuru was arraigned before the superior court for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63, Laws of Kenya, the particulars of which were that:- “On the 21st day of May, 2000, at Kambaa village in Kiambu District of Central Province murdered Peter Mungai Wambuthi.”He pleaded not guilty to the charge, but after full trial in the superior court, the learned Judge of the superior court (N.R.O. Ombija J.) found him guilty, convicted him and sentenced him to death as provided by law. In convicting the appellant, the learned Judge stated in his concluding remarks as follows:-

“On the whole, the evidence of the prosecution appeared consistent. The witnesses appeared to me to be credible and dependable. The accused on the other hand, appeared to me to be a person with no regard for the truth. I reject his alibi in toto. His defence is a hollow sha…

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