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NGATIA V. REPUBLIC

(1990) JELR 104684 (CA)

Court of Appeal  •  crim app 98 of 88  •  2 Mar 1990  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, James Onyiego Nyarangi

Judgement
<p class="ql-align-justify">JUDGMENT.</p><p class="ql-align-justify">In convicting the appellant for the offence of murder contrary to section 204 of the Penal Code, Masime J, as he then was, said:</p><p class="ql-align-justify">Each of the assessors returned to me a verdict that the accused is guilty of the offence charged. I have for my part carefully considered the evidence led by both sides. I have noted that the accused admitted the offence charged in his extra-judicial charge and caution statement which was not retracted and was put into evidence. However, in his unsworn statement, the accused has put himself with a jerry can of paraffin in the deceased’s house; he says, however, that all he did was to wipe his face with a handkerchief and that as he did so flames burst out and burnt them all. As against this evidence, there is the evidence of PW 3, the accused’s own charge and caution statement and the rest of the circumstantial evidence. On consideration of all this evidence, I am satisfied beyond reasonable doubt, as the assessors were, that the prosecution have pro…</p>

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