JAMES IRUNGU MUTHINI & BENSON WAIGANJO NGECHE V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants and one James Njuguna Njenga (co-accused) were committed to the High Court by the Chief Magistrate, Nakuru for trial on an Information of murder contrary to Section 203 as read with Section 204 of the Penal Code. The co-accused however absconded before plea was taken resulting in the amendment of the Information by deletion of his name from the charge. The two appellants pleaded not guilty to the charge but upon trial with the aid of assessors, they were convicted and each sentenced to death. This is their first and final appeal.

The amended Information stated that on the night of 31^st December, 2000 and 1^st January, 2001 at Gatongu Farm, Kabazi, the two appellants jointly with another not before the court murdered Samuel Mwangi Karori.

On the night of 31^st December, 2000 there was New Year Eve prayers at Ambassador Church at Karanja Centre, Kabazi, Nakuru Town. The prayers or crusade was attended by many people from three neighbouring villages an…