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John Wambua Mutunga v. Republic

(2005) JELR 100774 (CA)

Court of Appeal  •  Criminal Appeal 175 of 2001  •  20 May 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The appellant, John Wambua Mutunga, was convicted of murder by the Superior Court (Juma, J.) on 24th July, 2001 and sentenced to death. The particulars of the offence were that on the 25th day of June 1998 at Mukuyu market in Muranga District of the Central Province the appellant murdered Peter Machaaga Gatimu.

The case against the appellant was mainly based on the evidence of three witnesses – Stephen Mwangi (PW3), John Irungu (PW7) and Patrick Njuguna (PW10). These were young boys who were with the deceased Peter Machaaga Gatimu when the incident took place. The three boys stated before the trial court that they were staying at Mukuyu market where they used to do casual work of cleaning shops and butcheries. They used to sleep outside the shops at that market. According to the evidence of these young boys it was on the evening of 24th June 1998 when the group went to the video shop to watch a football match. The match ended at about midnight and they went to wher…

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