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(2006) JELR 105316 (CA)

Court of Appeal  •  Criminal Appeal 154 of 2006  •  27 Oct 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



The appellant, John Wanjohi Magoci, faced a charge of murder contrary to section 203 as read with section 204 of the Penal Code in that on 11th January, 2004 at Mutitu village in Kirinyaga District within the Central Province, he murdered Ciithirina Wanjiru Magoci. He pleaded not guilty to the charge but after full hearing, the superior court (Khamoni, J), found him guilty, convicted him of the offence as charged and sentenced him to death. He was not satisfied with both the conviction and sentence and filed this appeal in which he listed, on his own, six main grounds of appeal. His learned counsel, Mr. Muchiri, however filed and argued three supplementary grounds of appeal which were:-

“1. The learned trial Judge erred in law and in fact in finding that the prosecution had proved beyond reasonable doubt that the accused person murdered the deceased.

2. The learned trial Judge erred in law and in fact in failing to find that the evidence adduced by the prosecution w…

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