JAMES WANJOHI KINYUA V. REPUBLIC

JUDGMENT

James Wanjohi Kinyua (the appellant herein) was convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death as mandatorily prescribed by the law.

The particulars of the charge were that on the 25th June, 1998 at Ngandu village in Nyeri District within Central Province the appellant murdered C G M. Prosecution called 8 witnesses to testify and two of these witnesses were children whose evidence was not taken on oath as the learned trial judge (Juma J) was of the view that both children (K J N (PW1) and C W (PW2)) were too young to understand the meaning of an oath.

It was the evidence of N (PW1) that he saw Wanjohi attack C with a panga. The young boy stated to the trial court that Wanjohi also attacked him with a panga and as a result he (PW1) escaped and went home. The young girl C W (PW2) told the trial court that as she was playing with K and C (the deceased) Wanjohi went to the house, took a panga and started cutting C. The y…