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MICHAEL KAMAU V. REPUBLIC

(2015) JELR 104544 (CA)

Court of Appeal  •  Criminal Appeal 196 of 2008  •  17 Dec 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is an appeal by Michael Kamau Macharia (the appellant) against his conviction and sentence meted on him by the High Court at Nakuru, (Koome, J, as she then was) for twin murders of Nathaniel Kamau Thoigo and Esther Wangari Kamau (the deceased) who were his grand-parents.</p><p class="ql-align-justify">The gist of the prosecution case, as presented through some ten witnesses, is that a fortnight or so before their demise around the 28<sup>th</sup> of July 2001, the deceased, an elderly couple, had invited the appellant to live with them at their home in Gachuhi, Njoro District of the former Rift Valley Province. This was confirmed by PW1 DAVID KAMAU THIONGO (DAVID) a son of the deceased, his wife GRACE NYAMBURA MAINA (PW7) and MARGARET WANJIKU NDUNGU (MARGARET) PW6 who was their neighbor, to whom the appellant had been introduced.</p><p class="ql-align-justify">The first indications of trouble at the home of the deceased were in the morning of Monday 30<sup>th</sup> July 2001. Jane Njoki (PW2) went to the homestead at about 8.00 a.m. in the com…</p>

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