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Isaya Gitonga Mbaabu v. Republic

(2015) JELR 105454 (CA)

Court of Appeal  •  Criminal Appeal 47 of 2014  •  9 Jul 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



1. This is a first appeal. Ordinarily in such appeals this Court is under a duty to re-evaluate and re-assess the evidence on record to reach its own conclusions on both matters of fact and law. However, for reasons that will become apparent shortly, we shall not embark on that exercise in this matter.

2. The appellant was charged with two counts of murder contrary to Section 203 as read with 204 of the Penal Code in the High Court at Meru. The particulars of the charges were that on 3rd November, 2001 at Maua Township, Maua Location in Meru North District within the then Eastern Province, the appellant jointly with others not before court murdered Lillian Njeri and Lucy Karambu. He denied both counts and the prosecution called a total of six witnesses in support of its case who were heard between 4th April 2006 and 31st July 2006. For some reason, the appellant did not testify despite expressing the desire to testify on oath. In the end, the trial court delivered …

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