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(2007) JELR 105092 (CA)

Court of Appeal  •  Criminal Appeal 182 of 2006  •  18 May 2007  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu



Eliud Njeru Nyaga, the appellant herein, was tried before Khamoni, J. sitting with assessors, on an information charging him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on 6th day of June, 2005 at Matandara village in Kirinyaga District of the Central Province, the appellant murdered Jamlick Muturi Njeri.

The appellant was apparently arrested on the same day of the alleged murder but the record before us shows that he first appeared in the court before a Deputy Registrar on 11th August, 2005 a period of nearly two months. No explanation is forthcoming from the record as to where he was between the date of the arrest and the date when he first appeared in court. In ground 4 of the supplementary memorandum of appeal which M/s Mwai, learned counsel for the appellant, filed with the leave of the court on the morning of the hearing the appellant complains that:-

“The Learned Judge …

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