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Joseph Njogu Kimotho v. Republic

(2009) JELR 100601 (CA)

Court of Appeal  •  Criminal Appeal 70 of 2008  •  30 Oct 2009  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

On the evening of 18th September, 2003 at about 8 p.m. Lawrence Wamae Gateru (PW1) (Gateru) was at the Maxoil petrol station waiting to board a bus to Naromoru. He was with his friend Joseph Mwarari Muriuki (PW3) (Muriuki). As they waited, Gateru says, the appellant joined them, and began a conversation. Gateru had known the appellant for about 10 years, from his days in Karatina. The appellant reminded Gateru that he even knew his (Gateru’s) brother who was an accountant in Karatina. As they continued the conversation, and smoked cigarettes, the appellant told Gateru that he, too, was headed to Naromoru, and suggested that they travel together. At this time Muriuki left them and proceeded to Aguthi bar. After waiting in vain for about 20 minutes for a bus to Naromoru the appellant suggested that they take a taxi and share the cost. He said he had a friend who had a taxi, and which is parked at GK prison bar, who could take them to Naromoru at a cost of Shs.200/= …

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