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GRACE NYOROKA V. REPUBLIC

(2007) JELR 104849 (CA)

Court of Appeal  •  CRIMINAL APPEAL 246 OF 2006  •  2 Nov 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

On 12th April, 2005, Grace Nyoroka, the appellant herein, appeared before Onyancha, J sitting at Meru High Court on an Information that charged her with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars in the Information were that on 9th day of January, 2005, at Ex-Lewa village in Meru Central District of the Eastern Province, the appellant murdered Zipporah Mwaromo. Zipporah Mwaromo was the mother of the appellant.

When Onyancha, J read out the charge to the appellant her answer in Kimeru was:-

“I killed her because I was annoyed. I did not intend to kill her.”

The learned Judge rightly entered a plea of not guilty for the appellant. The Judge then made four orders but in this appeal, we are concerned with only two of those orders. These were:-

“1. ...........................................

2. .............................................

3. Accused to be examined for mental fitness,

age by arrangement of O.C. Meru GK prison …

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