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Elizabeth Waithera Mary & Elispher Muthoni v. Republic

(2010) JELR 105495 (CA)

Court of Appeal  •  Criminal Appeal 382 of 2009  •  2 Jul 2010  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu



Elizabeth Waithera Mary and Elispher Muthoni, the 1st and 2nd appellants herein, appeal to this Court against the ruling of Ochieng, J. in High Court Criminal Case No. 68 of 2004.

Before the superior court, the two appellants were charged with murder contrary to section 203 as read with section 204 of the Penal Code, the particulars of which are that, between 21st February and 27th February 2004 at Tukuyu Village in Murang’a District of the Central Province, jointly with others not before Court, murdered Alexander Kungu Wangui. At the point when a preliminary point was taken by the defence counsel in the superior court, the prosecution case had been concluded and the court had put the appellants to their defence on 20th August, 2007, but they did not raise the preliminary point until 14th July, 2008, a period of close to one year.

In brief, the preliminary point raised in the superior court and now in this appeal is that, the appellants’ constitutional rights had be…

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