JOSEPH JUMA MBORI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was found guilty and convicted by the High Court at Nairobi upon an information which charged him with murdering Titus Waithaka Karuga on 15th day of May, 1990 at Raini Trading Centre, Karuri Division of the Kiambu District of Central Province, contrary to section 203 as read with section 204 both of the Penal Code and was duly sentenced to death. The assessors supported the judge's finding.

The appellant was at the material time a free-lance carpenter residing at Raini Trading Centre. The evidence adduced by the prosecution shows that on that day, at about 7.30 a.m., PW1, Kimemia Njoroge went to the shop belonging to Titus Waithaka Karuga (hereinafter referred to as "the deceased") to collect money for the newspaper which he was to buy for the deceased to read. When he went to the shop he found the appellant alone inside the shop. The appellant was known to PW1. He asked of the appellant the whereabouts of the deceased and was told that "mzee" (meani…