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James Gitau Njuguna & Silas Ndungu Wahihenya v. Republic

(2014) JELR 105187 (CA)

Court of Appeal  •  Criminal Appeal 35 & 37 of 2008  •  4 Mar 2014  •  Kenya

David Kenani Maraga, William Ouko, Philomena Mbete Mwilu



1. JAMES GITAU NJUGUNA and SILAS NDUNGU WAIHENYA were charged, convicted and sentenced to suffer death for the murder of PETER NDUMBU NDERITU by the High Court at Nairobi on 28th March 2003. Dissatisfied they preferred separate appeals to this court, which for the purposes of hearing before us were consolidated. The appellants’ home-made memorandums of appeal filed on 8th April, 2008 and their supplementary grounds of appeal filed herein on 14th September 2010 were subsumed in the further supplementary petition of appeal dated and filed on the 16th May 2013 by the appellants’ advocate Mr. Nyachoti. They raise six (6) grounds as hereunder:-

“1. The Learned trial judge erred in law and fact in returning a finding of culpability on the part of the Appellants in a case wholly dependent on circumstantial evidence without corroboration.

2. The Learned trial judge erred in law and fact by convicting the Appellants on the basis of evidence of identification that did not mee…

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