JULIUS WARIOMBA GITHUA V. REPUBLIC

JUDGMENT OF THE COURT

This appeal has caused us considerable anxiety. Even the learned Assistant Deputy Public Prosecutor Mr. J. N. Ondari did not have a firm stand on whether he supported both conviction and sentence or not. In his submissions, Mr. Ondari started by telling us that he supported the appellant’s conviction. But in the course of his submission, Mr. Ondari said:

“I am not comfortable with the issue of insanity: The Court could find him guilty but insane”.

Mr. A. N. Noorani, the learned counsel for the appellant made brief submissions in which he asked us to review the evidence as this was a first appeal and for that reason this Court had to be guided by the holding in OKENO v. REPUBLIC [1972] E.A 32. The second issue raised by Mr. Noorani was that from the evidence adduced the appellant’s behaviour was abnormal and yet this was not raised by the prosecution.

What are the facts in this matter? The appellant herein, Julius Wariomba Githua, was charged with murder contrary to s…