JAMES MWANIKI GATHANGU V. REPUBLIC

JUDGMENT OF THE COURT

James Mwaniki Gathagu was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 of the Laws of Kenya). The Information was that on the 4^th day of August, 2009, at Ganduri market, Kianjiru location within Mbeere District of the Eastern Province, murdered Lawrence Nyagah Gathagu. The appellant was tried, convicted and sentenced to death by the Honourable Justice Ong’udi. Aggrieved by the conviction and sentence, he has lodged this appeal.

Our analysis and re-evaluation of the evidence on record shows that the prosecution case hinged on the testimony of four key witnesses namely PW1, PW2, PW3 and PW 11.

PW1 Grace Mueni testified as follows:

“I was working at Karumaindo Bar in August 2009. On 4^th August, 2009, I was at Karumaindo Bar. Mwaniki (appellant) came and found Lawrence (deceased) drinking beer. He went to urinate. When coming back, he found Lawrence urinating in front of people. Accused asked him to stop do…