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(1981) JELR 99841 (CA)

Court of Appeal  •  Criminnal Appeal 80 of 1980  •  20 Nov 1981  •  Kenya

Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter



The appellant is appealing against his conviction for the murder of John Kilonzo. At about 4.30 pm on September 5, 1979, the deceased was returning home form school with five companions. A man appeared, caught hold of the deceased, and forcibly took him away with him. The deceased was not traced until September 11, when, in the words of the learned trial judge, his half decomposed and half naked body was found in the bush in the Langata area. The post mortem examination of the deceased’s body was carried out by Dr Muturo. The original of his report having become lost he signed a copy thereof, and also looked at a booklet of photographs of the deceased’s body before giving his evidence on the day the appellant’s trial opened in the High Court on November 3, 1980. The substance of the first three grounds of appeal is that the learned judge erred in accepting Dr Muturo’s evidence as the cause of death because he refreshed his memory before giving evidence by looking …

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