JOHN BELL KINENGENI V. REPUBLIC

JUDGMENT OF THE COURT

This is a first appeal against the Judgment of M.J. Anyara Emukule, J delivered at Meru on the 6^th day of March, 2009. It arose from the proceedings where the appellant herein John Bell Kinengeni faced a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the night of the 13^th and 14^th day of March, 2003 at Kaneu village Kiathathi sub-location, Meru location, Igoji Division in Meru District within the Eastern Province he murdered M’Arimi Mucheke.

The appellant denied the charge prompting the trial in which the prosecution called a total of eleven (11) witnesses to prove its case. The appellant, who gave sworn evidence, was the sole witness for the defence. The trial commenced before Lenaola, J with the aid of three assessors namely Jadiei Gikundi; Fredrick Mwenda and John Kirera. The approval of the assessors took place on 21^st November, 2006, the very date on which the trial commenced. A t…