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Elias Gitonga M'Bii & James Miriti Mukindia v. Republic

(1996) JELR 104913 (CA)

Court of Appeal  •  Criminal Appeal 19 of 1996  •  17 May 1996  •  Kenya

Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Richard Otieno Kwach



The thrust of the appellants’ appeal to this Court is that the learned trial judge was wrong in law in convicting the first appellant who was the first accused in the superior court and the second appellant who was the third accused in the same court for the offence of murder contrary to section 204 of the Penal Code solely on the evidence of a single witness, Patrick Kiburugu (P.W.1), the reliability of which was suspect for the reason of this witness having been taking beer on the material date from about 4.00 p.m. to some time in the night. The appellants also complain of the learned trial judge having leaned too heavily towards the offence of murder against them notwithstanding their alcoholic intoxication which ought to have reduced the offence for which they were convicted to that of manslaughter contrary to section 205 of the Penal Code.

The submissions of their counsel, Mr. Kibera, before us on 13th May, 1996 was that P.W.1 having been under the influence o…

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