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(2014) JELR 105168 (CA)

Court of Appeal  •  Criminal Appeal 365 of 2007  •  21 Mar 2014  •  Kenya

Wanjiru Karanja, George Benedict Maina Kariuki, Patrick Omwenga Kiage



The Appellant, John Ndunda Mwaniki, was charged before the High Court in Nairobi with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63, Laws of Kenya. The particulars of the offence as stated in the information were that on the 4th of August 2005 along Muyuyu Road Eastleigh in Nairobi within Nairobi Area he murdered Bernice Mutindi Makenga. He pleaded not guilty to the charge but after trial, was found guilty, convicted and sentenced to suffer death.

The prosecution case was that the deceased, Bernice Mutindi Makenga, was a store keeper who worked at the Kenya National Trading Corporation. PW1 worked with the deceased and recalled in his testimony that on 4th of August 2005 he was on duty with the deceased and on the following day, reported on duty only to find the store not open. He then rang the deceased’s mobile phone but was directed to voice-mail. After trying in vain on several occasions, he sent one Paul Musyok…

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