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Joseph Onyikwa Nyariki v. Republic

(2019) JELR 100588 (CA)

Court of Appeal  •  Criminal Appeal 66 of 2016  •  8 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Abigail Mshila

Judgement

JUDGMENT OF THE COURT

1. Late in the afternoon of 12th October, 2007 Jane Wambui Gichohi (PW1) drove from Nairobi to Ruiru in the company of Alfred Eliud Mathu (PW2). She was taking Alfred who had expressed interest in purchasing a cow, to see some of the cows which were being offered for sale by her friend, one Mukorino. They arrived at Mukorino’s homestead at around 4:00 p.m. and Alfred was able to pick out a cow but unfortunately, the deal fell through because both Mukorino and Alfred could not agree on the purchase price.

2. Subsequently, Jane and Alfred left the homestead at around 6:00 p.m. and as they were about to join the Nairobi/Thika Highway they noticed three men, one of whom was armed with a pistol, barricading the feeder road to the highway. Jane stopped the car and the armed assailant came to her door and ordered her to open her window which she did. Meanwhile, the other two assailants went to the front passenger’s side where Alfred was seated and opened his door. Alfred …

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