JOHN GITAU GACHIRI V. REPUBLIC

JUDGMENT OF THE COURT

[1] John Gitahu Gachiri, (hereinafter referred to as the appellant), was tried and convicted by the High Court at Nairobi for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was alleged to have murdered his mother Tabitha Mumbi Gachiri (herein deceased) on the 23rd April, 2009. His trial commenced before Ochieng, J. on the 8th of June, 2010. Ochieng J heard the evidence of six witnesses after which the trial was taken over by Mwilu, J. (as she then was), who took the evidence of three witnesses. Thereafter the appellant who was placed on his defence gave sworn evidence.

[2] In her judgment, the learned judge found that the appellant attacked and injured the deceased in the presence of the deceased’s grandson, Cyrus Kamau (Cyrus), whose evidence was corroborated by Japheth Kioko Kilundu (Japheth), an administration police officer, Faith Wangare Mwaura (Faith), a neigbour, Teresia Mumbi Kuria (Teresia), also a neigbour and…