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Joseph Kimani Njau v. Republic

(2014) JELR 100689 (CA)

Court of Appeal  •  Criminal Appeal 375 of 2011  •  27 Nov 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellant faced a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 of the Laws of Kenya. The deceased was a girl friend to the appellant. The Information against the appellant was that on the 10th February, 2009 at Maina Estates in Laikipia West District of the then Rift Valley Province, killed Lucy Nyambura Kungu

2. The key prosecution evidence was by PW1, Catherine Wanjiru Njaga, PW2 Serefina Bonareri and PW6, Dr. Fredrick Kariuki. PW1 Catherine Wanjiru Njaga testified as follows:-

“On 10th February, 2009 at about 6.00 p.m. I was at my house when Maina Mwangi called me and told me Nyambura and Kimani were fighting. Kimani is the accused. Nyambura is the deceased. I went where they were. The deceased lived near where I lived. It is about 10 minutes walk away. I went there and Kimani did not stop beating her. That was the deceased house. She used to live with Kimani. I asked Kimani why they were fighting and Kimani s…

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