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Moses Ndwiga Njagi v. Republic

(2007) JELR 98907 (CA)

Court of Appeal  •  Criminal Appeal 120 of 2006  •  11 May 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

Although the appeal before us was fully argued on both sides, we shall not, for reasons which will become apparent shortly, analyze the evidence and submissions of counsel in any detail.

The appeal arose from the judgment of the superior court (Sitati, J) sitting in Meru in which she sentenced the appellant to suffer death after convicting him 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 on 10th March, 2000 that the appellant had on the night of 3rd and 4th November, 1998 at Keria Sub Location in Meru Central District, murdered George Mbaabu Naivasha. As the law required at the time, committal proceedings were carried out before Nkubu Senior Resident Magistrate’s Court before whom a charge sheet was presented on 16th November, 1998 and a committal order for trial in the High Court was made on 27th April, 2000.

The trial opened before the superior cou…

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