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Nelson Julius Karanja Irungu v. Republic

(2010) JELR 98480 (CA)

Court of Appeal  •  Criminal Appeal 24 of 2008  •  16 Jul 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the superior court (Apondi, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, and was sentenced to suffer death as by law provided. It had been alleged in the Information filed by the Attorney General on 14th April, 2005 that on the 15th day of February, 2005, at Kamiti Maximum Prison, Nairobi, he murdered Esther Wanjiku Karanja (the deceased). The deceased was the appellant’s wife of 9 years and they had three children, the last being a two year-old son. After hearing evidence from ten prosecution witnesses and the appellant, the learned Judge summed up the case to two of the assessors left at the trial, the third one having been lawfully discharged, and the two assessors gave the unanimous opinion that the appellant was not guilty of the offence as charged. Unfortunately the learned Judge in his summing up said nothing to the assessors about considering lesser and cognate offences if …

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