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JAMES KARUGA KAMAU V. REPUBLIC

(2007) JELR 101165 (CA)

Court of Appeal  •  Criminal Appeal 229 of 2006  •  18 May 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant, James Karuga Kamau, was charged with murder contrary to section 203 as read with section 204 of the Penal Code pursuant to an information filed by the Attorney-General on behalf of the Republic. The particulars of the offence were as follows:-

“JAMES KARUGA KAMAU: On 4th day of August, 2005 at Mathioya River Kanyenyaini Bridge in Kiawambogo s/location in Muranga District of the Central Province murdered SUSAN JEAN KING.”

According to the record the appellant was arraigned before the Deputy Registrar of the High Court at Nyeri (R.N. Nyakundi, Esq.,) on the 30th September, 2005 when his case was fixed for the plea to be taken on 12th October, 2005. Come the 12th October, 2005, the appellant was arraigned before Okwengu J. who took the plea. The appellant pleaded “Not Guilty” to the charge and the case was adjourned to 24th October, 2005 for fixing of a hearing date. On 24th October, 2005 the case was mentioned and the hearing date fixed for 22nd June, 2…

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