JOHN KIMANI GATUA V. REPUBLIC

JUDGMENT OF THE COURT

This is a first appeal. The appellant JOHN KIMANI GITAU, was purportedly charged in an information dated 25^th November, 2003, with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars in that information were that:-

“On the 20^th day of October, 2000 at Wanyororo “A” Farm, Bahati in Nakuru District of Rift Valley Province, murdered Samuel Mwangi Karuru.”

He appeared in court on 25^th November, 2003, but that was before the Deputy Registrar, C.A. Ndeda, who could not take plea and rightly ordered him to appear before the Honourable Judge on 1^st December, 2003, “for plea”. He was thereafter remanded in custody. On 1^st December, 2003, he appeared before Muga Apondi J. The record shows that although he was to appear for plea, all that the learned Judge did was to order that the hearing was to be on 4^th May, 2004. No plea was taken on that day. On 4^th May, 2004, the appellant appeared before Musinga J. Mr. Koech, the Sta…