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Dickson Mwangi Munene & Alexander Chepkonga Francis v. Republic

(2014) JELR 105261 (CA)

Court of Appeal  •  Criminal Appeal 314 of 2011  •  28 Feb 2014  •  Kenya

David Kenani Maraga, Roselyn Naliaka Nambuye, Jamila Mohammed



This is an appeal from the judgment of Warsame J (as he then was) delivered on 5th October 2011 in Nairobi HCCRC. No. 11 of 2009 in which the learned Judge convicted both the appellants for the offence of murder and sentenced them to death.

The facts of the case are that on 23rd January 2009 Dickson Mwangi Munene, the 1st appellant went to the residence of Alexander Chepkonga Francis (the 2nd appellant) along Elgeyo Markwet Road in Kilimani Area of Nairobi. Other friends of theirs including Mark Sagini Monyenye, PW6, and Melvin Waruhiu Gitau, joined them. After exhausting the alcoholic drinks that were in the 2nd appellant’s residence, they went in two cars, with 1st appellant apparently alone in his car, to Florida Club in the City Centre where they continued drinking until about 4.00 a.m. of 24th January 2009. From Florida Club, they went to another drinking joint in Westlands known as Mobile from where they ended up at Crooked “Q” bar and Restaurant along Woodva…

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