JOHNSON JOSHUA KINYANJUI & VINUBHAI VIRPAL SHAH V. RACHEL WAHITO THANDE AND RICHARD NJOGU THANDE THE ADMINISTRATORS OF THE ESTATE OF THE LATE HENRY THANDE

JUDGMENT OF COURT

NEWBOLD, P.

The appellant was convicted of the murder, on the 5^th July, 1969, of Mr Thomas Joseph Mboya. Mr. Mboya, according to the evidence, was shot at about 1.15. in the afternoon on the 5^th July just outside a shop on Government Road, near to the junction with Queensway. Two bullets were recovered from his body and the evidence was - and it not disputed - that the wounds caused by the bullets caused the death of Mr Mboya. There can be no doubt that whoever shot Mr Mboya committed murder and, indeed, this is not in dispute. The sole question which has been urged by Mr Waruhiu in a very fair address to us is whether it was the appellant who shot Mr Mboya. Mr Waruhiu has urged another procedural matter, but he has accepted that if there was any irregularity the irregularity did not, in fact, prejudice the appellant.

As the basis of the appeal is whether the trial judge was correct in coming to the conclusion on the evidence which he accepted that that evidence proved …