JOHN KIMANI NGECHU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant JOHN KIMANI NGECHU was charged, tried, convicted and sentenced to death by the High Court at Nakuru Koome J., (as she then was) over the murder of PETER GITAU NGECHU (Gitau) which occurred on unknown date between May and August 2006 at Ndoroto Village in Naivasha District. Gitau was the appellant's younger brother.

Evidence was led by the prosecution that the appellant and Gitau used to live in the same two-roomed house on their family farm. The appellant in fact confirmed that he allowed Gitau to live in his (the appellant's) house. The rest of the family were living elsewhere. Notably, their widowed mother, 63-year old MARY NJERI (PW7) moved to Eldoret to live with another son called Chege. According to her, the house in which the appellant lived with the deceased had been allocated to the siblings by their late father before his death in December 2003.

The relationship between the appellant and Gitau was not cordial as there was a simmering disagree…