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Joseph Kamau Gichuki v. Republic

(2013) JELR 100702 (CA)

Court of Appeal  •  Criminal Appeal 523 of 2010  •  26 Jul 2013  •  Kenya

Coram
John Wycliffe Mwera, George Benedict Maina Kariuki, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 9th September, 1992, at about 12.30 pm KIRAN SOMAT SHAH (deceased) walked out of his shop, Shaan Enterprises, in Nyeri Township towards his Toyota Pick-Up Registration No. KZZ 861 parked outside. He had with him in a paper bag some KShs.110, 000/= in cheques and cash which he was going to bank. Before he could get to the vehicle he was accosted by the appellant, JOSEPH KAMAU GICHUKI and JUSTUS KARIUKI GAKURU. A struggle ensued and the deceased was shot. He staggered back into the shop bleeding and still holding unto his money before collapsing in the hands of his brother, Vanishad Samad Shah, who had been left attending the shop. The deceased was rushed to the nearby Nyeri Nursing Home where was pronounced dead on arrival.

Stanley Mathenge Withaka (PW 5) who witnessed the incident told the trial court that while standing outside the office of the Democratic Party (DP) opposite the deceased’s shop, he saw the appellant and his accomplice. They made as if to go in…

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