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Moses Mwangi Karuri v. Republic

(2020) JELR 98913 (CA)

Court of Appeal  •  Criminal Appeal 108 of 2017  •  20 Nov 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Moses Mwangi Karuri, the appellant herein was tried and convicted by the High Court (Kimaru, J) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on 31st January 2010, he murdered John Kanyara Gathulito (Deceased).

[2] During the hearing, 8 witnesses testified for the prosecution. The prosecution evidence was briefly that Simon Gitau (Simon) was in his house in Majengo, when the appellant who is a neighbor, went to his house and called the deceased by name. The appellant and the deceased started quarreling, and the appellant stabbed the deceased with a knife and ran away. According to Simon, both the deceased and the appellant were drunk. The deceased who was stabbed once on the chest, died on the spot. Simon rushed out and raised an alarm and the appellant was chased and apprehended in Eastleigh section III. According to Simon, a knife was recovered from the appellant at the time of his arrest. Th…

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