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Michael Muriuki Munyori v. Republic

(2017) JELR 99102 (CA)

Court of Appeal  •  Criminal Appeal 44 of 2016  •  10 Oct 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

By this appeal the appellant Michael Muriuki Munyori seeks to overturn the judgment of the High Court at Meru (Lesiit J) by which he was convicted and sentenced to death for the murder of Lucy Kagendo Muriuki (deceased) on the night of 21st and 22nd November, 2010 at Sirimon Village, Sirimon Sub-location of Ontulili Location of Buuri District of the then Eastern Province. The deceased was his wife.

The prosecution case, as mounted through five witnesses, was that on the evening of 21st November, 2010, the appellant and the deceased were in their house alone, their two children having gone to spend the night at their cousin Martha Kanana’s house that was about 50 metres away. In the middle of the night the appellant was heard asking the deceased, who had been quite drunk –staggeringly so – the previous evening, where his phone was. Come morning, he called one of his children at Kanana’s house to go and prepare for school. A friend of the appellant Joshua Meme Magiri…

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