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(2000) JELR 99088 (CA)

Court of Appeal  •  Criminal Appeal 45 of 2000  •  13 Oct 2000  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Bernard Chunga



The appellant, Michael Waithaka Karuga, was found guilty and convicted by the High Court of Kenya at Nairobi upon an information which charged him with the murder of H W N (the deceased) during the period 31st day of October, 1990 to 2nd day of November, 1990, at [particulars withheld] village in the Kiambu District of Kenya and was duly sentenced to death. All the three assessors had unanimously supported the learned Judge's finding.

The deceased who was attending a nursery school left her home on the morning of 30th October, 1990 to go to the school and did not return home at the expected time of 3.30 p.m. She was about six years of age. Her body was found at [particulars withheld] village in a farmstead (shamba) by one R W. When she left home the deceased was dressed in her school uniform, a brown and white spotted dress. She carried with a her yellow food container with a white lid. She was dressed in a jacket, in addition to the school uniform.

When the deceaseā€¦

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