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Mary Wanjiku Gitonga v. Republic

(2010) JELR 99222 (CA)

Court of Appeal  •  Criminal Appeal 83 of 2007  •  29 Oct 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Moijo Matayia Ole Keiwua, Alnashir Ramazanali Magan Visram



Mary Wanjiku Gitonga, the appellant herein, was tried before Okwengu, J. sitting with assessors on a charge of murder contrary to section 203 as read with section 204 of the Penal Code, the particulars of the charge being that on the 7th day of January, 2005 at Unjiru Village in Kirinyaga District of Central Province, the appellant murdered Johnson Muchira Munene hereinafter “the deceased”.The deceased was the appellant’s husband and he worked as an Administration Police Officer at Wilson Airport in Nairobi. The appellant and the deceased lived in Nairobi but it is apparent from the recorded evidence that at the time of the alleged murder, the two with their children were on holiday at their home in Uthiru Village, Kirinyaga District. Benson Muthike Munene (P.W.4.) was a brother of the deceased. On 8th January, 2005 police officers came to the home of the appellant in the company of the appellant and the appellants’ brother Titus Muraguri Gitonga (P.W.8.). Among t…

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