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Hassan Wafula & 2 others v. Republic

(2011) JELR 104828 (CA)

Court of Appeal  •  Criminal Appeal 521 of 2011  •  11 Nov 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Joseph Gregory Nyamu



The three appellants, Hassan Wafula (1st appellant), James Ngirine (2nd appellant) and Aron Mutwiwa (3rd appellant), were all police officers attached to Mogogosiek Police Post. The three were tried and convicted on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. Upon conviction, Mr. Justice G. B. M. Kariuki who tried them at Kericho duly sentenced each one of them to death. The particulars contained in the Information upon which they were tried had alleged that on the 25th day of February, 2009 at around 6.00 a.m. at Mogogosiek Police Post in Bureti District of Rift Valley Province, the three appellants, together with a fourth officer who was acquitted, had jointly murdered J.C.K, hereinafter “the deceased”.

On the 24th February, 2009, the deceased had been taken to the police post by one Mrs. Hellen Chepkemoi Rono (PW2) on an allegation that the deceased had obtained some money from Hellen under false pretences. The deceased…

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