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Nzuki v. Republic

(1993) JELR 94369 (CA)

Court of Appeal  •  Criminal Appeal 70 of 1991  •  30 Jul 1993  •  Kenya

Coram
Johnson Evan Gicheru, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gicheru, Cockar and Muli JJ A)

CRIMINAL APPEAL NO 70 OF 1991

NZUKI..................... APPELLANT

VERSUS

REPUBLIC................ RESPONDENT

(Appeal from the conviction and sentence of the High Court of Nairobi

(Mr Justice JA Mango) dated 5th July 1991 in

Criminal Case No 6 of 1990)

JUDGMENT

On 7th March, 1989 at about 5.00 pm Simon Muiruri Karaba, the deceased, together with three of this colleagues, Peter Ngige Sila (PW1), Paul Mburu Muiruri (PW2), and James Kihoro Kinguri (PW5) went to Beehive Bar in Eastleigh section 1 Nairobi. According to PW1, at about 8.00 pm while they were drinking and seated on a form inside the bar, the appellant walked therein and pulled the deceased from where he was seated on this form. Outside the bar, the appellant stabbed the deceased twice with a knife. The deceased fell down and PW1 who had followed them behind ran to Pangani Police Station to make a report of the incident but the police told him that he was drunk. He …

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