JACOB NJUKI WARUI ALIAS WAMWEA WARUI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Jacob Njuki Warui alias Wamwea, was tried, found guilty and convicted by the High Court (Juma, J) sitting at Nyeri upon an information which charged him with murdering James Mukono Kiige (the deceased) on 9th August, 1996 at Kiriti village in Kirinyaga District within Central Province, contrary to sections 203 and 204 (as read together) of the Penal Code, Cap. 63 Laws of Kenya and was duly sentenced to death.

The facts leading to the conviction are that the deceased left his home at Kiriti village aforesaid on the morning of 9th August, 1996 never to return. Efforts to trace the deceased’s whereabouts on 10th August, 1996 came to nought. His body was eventually found floating in the Tana River on 12th August, 1996. The appellant was the last person seen in the company of the deceased on 9th August, 1996. On that day the deceased visited the premises of Jacinta Wangithi Maina (PW7) (Jacinta) who was selling local brew known as ‘Muratina’. He was accom…