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Moses Gitonga Macharia v. Republic

(2011) JELR 98940 (CA)

Court of Appeal  •  Criminal Appeal 263 of 2007  •  1 Dec 2011  •  Kenya

Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



Upon his trial with the aid of assessors, the appellant herein, Moses Gitonga Macharia, was convicted by the High Court sitting in Nyeri (Okwengu, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It had been alleged in the Information filed by the Attorney General, that on the night of 11th and 12th of May 2005 in Nyeri Township, he murdered Margaret Muthoni Thiongo (the deceased). He was sentenced to suffer death after offering no mitigation for the offence. The appellant was dissatisfied with the conviction and is now before us on first appeal and our duty, as we consider the grounds of appeal is to re-evaluate the evidence on record and arrive at our own conclusions in the matter, but always bearing in mind, and allowing for it, that we did not see or hear the witnesses. On matters of demeanor and credibility of witnesses therefore, we would ordinarily defer to the assessment made of them by the trial court.


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