JAMES MASOMO MBATHA V. REPUBLIC

JUDGMENT OF THE COURT

James Masomo Mbatha, the appellant herein, was by way of an information dated 29^th March 2007 charged with four counts of the offence of murder. The particulars of those charges were that the appellant, on the 19^th day of March 2007, at Manza Village in Machakos District within Eastern Province, murdered Phyllis Kanini Ndundu, Elija Kasyoki Koki, Nditi Nyamai and Susan Mbute Masomo. He was charged with a fifth count of the offence of attempted murder contrary to section 220 (a) of the Penal Code, the particulars of which were that he, on the 19^th day of March 2007, at Manza village in Machakos District, attempted to unlawfully cause the death of Regina Koki Mwangangi by cutting her heard with a panga severally.

After a full trial in which thirteen witnesses from the prosecution testified, and the appellant gave sworn testimony in his defence, the High Court found him guilty on the four counts of murder and sentenced him in accordance with the law.

The appellant is a…