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Joseph Karanja Kinuthia v. Republic

(2011) JELR 105354 (CA)

Court of Appeal  •  Criminal Appeal 122 of 2007  •  11 Mar 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



In an information filed in the High Court the appellant Joseph Karanja Kinuthia was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

The prosecution case was that on 22nd March 2001 at Kirathane Village in Thika District of the Central Province the appellant murdered George Karanja Kinuthia (the deceased). The deceased together with two others were having supper in their grandmother’s house when the appellant, a brother to the deceased joined them and the two brothers exchanged words concerning the appellant giving the deceased money to cover his fare and the deceased indicated that he was ready to go if given the fare by the appellant. Immediately after the exchange the two brothers left the house and while outside the house one of the two brothers was overheard to have told the other “stop being stupid” and thereafter the appellant entered the kitchen which was three metres away armed himself with an axe and h…

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