DUNCAN MUCHUI V. REPUBLIC

JUDGMENT OF THE COURT

Duncan Muchui, the appellant herein as the 3^rd accused was jointly charged with Stanley Murangiri (1^st accused) and Wilson Muthamia (2^nd accused) with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, Chapter 63, Laws of Kenya, in the High Court at Meru. The particulars of the charge were that on the 17^th day of October, 2004, at Mugae village in Rwarera Location of Meru Central, jointly with others mot before the court, they murdered Francis Kathenya.

The prosecution called a total of 8 witnesses. At the close of the prosecution case, the 2^nd accused was acquitted on the ground that he had no case to answer. At the close of the defence case, the learned Judge of the High Court upon evaluating the evidence on record acquitted the 1^st accused. However, the appellant was found guilty, convicted and sentenced to death. Aggrieved by the decision, the appellant has lodged this appeal.

The appellant has raised seven grounds of appea…