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Julius Muriira & 3 others v. Republic

(2008) JELR 100454 (CA)

Court of Appeal  •  Criminal Appeal 194 of 2006  •  31 Oct 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The first, second, third and fourth appellants in this appeal namely Julius Muriira, Paul Mwiti Muriungi, Silas Gitonga Muriungi and Gervasio Gikundi respectively were arraigned in the superior court at Nyeri on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that:-

“On the 22nd day of September, 2001, at Thuti village, Thangatha location in Meru North District within Eastern Province, jointly murdered JOSHUA KANGERIA BUNDI.”

They each pleaded not guilty to the charge and the hearing of the case proceeded before the superior court (Sitati, J) purportedly with the aid of assessors. After the conclusion of hearing the prosecution case and the defence case, the learned Judge summed up the case to three assessors who on the same date gave a unanimous opinion which was that the appellant was guilty. In her judgment dated and delivered on 25th July, 2006 the learned Judge found each of the four appe…

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