FRANCIS NDUNG'U NJOGU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Francis Ndung'u Njogu, was convicted in the High Court at Eldoret (Nambuye, J.) on an information charging him jointly with six others with the offence of murder contrary to section 203 as read with 204 of the Penal Code. The particulars of the offence were that the appellant with others namely Charles Githenji, Peter Kagima (Moni), Eliud Nguki, Daniel Maina (Lovi), Joseph Karanja and Samson Njoroge (Sigalame), 2nd to 7th accused respectively, had on the night of 2F1asrtm , daByu ronft Jfuonree,s t1 9i9n4 Uaats iKna mGuiysuh u District of the Rift Valley Province murdered P.C Maina.

After a trial in which the state adduced evidence from fifteen witnesses, the learned Judge was not satisfied that the case against the other six accused persons had been proved beyond reasonable doubt and therefore acquitted them.

P.C Maina, the deceased, was murdered at the time when there were what has become commonly known as `Tribal Clashes' in several parts of the Ri…