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John Bosco Njeru v. Republic

(2015) JELR 97046 (CA)

Court of Appeal  •  Criminal Appeal 138 of 2010  •  27 May 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant was charged before the High Court at Embu on 3rd November, 2008 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence as set out in the information were that on the night of 17th and 18th October, 2008 at Kirigi Village, Kirigi Sub-Location, Ngandori Location in Embu District within Eastern Province, the appellant murdered JoyAnn Wanja Njiru (hereafter “the deceased”). He pleaded not guilty to the charge and the case went to trial.

The prosecution case as presented through a dozen witnesses was that, the appellant and the deceased lived with their one year old baby in a rented room in a residential plot at Kirigi Market. On 18th October, 2008 at around 9:00 a.m. residents of the said plot were perturbed by the relentless crying of the baby. Upon going to the couple’s room to find out what was going on, they noticed that it had been locked from the outside with a padlock. Concerned…

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