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Patrick Wanyama Mudogo, Reuben Ochango Kafuna & Samwel Chune Sitoki v. Republic

(2018) JELR 93919 (CA)

Court of Appeal  •  Criminal Appeal 92 of 2016  •  6 Dec 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] The three appellants Patrick Wanyama Mudogo; Reuben Ochango Kafuna and Samwel Chune Sitoki were jointly charged with four others of four counts of murder contrary to Section 203 as read with Section 204 of the Penal Code.

The 1st, 2nd, 3rd and 4th counts related to the murder of Joseph Kariuki, MW, AAA and JAA respectively.

The appellants and the four co- accused were alleged to have murdered the four deceased persons on the night of 10th and 11th January, 2002.

[2] The appellants and the four co-accused pleaded not guilty to the offence. After a trial in which the prosecution called 14 witnesses, the three appellants were convicted by the High Court of the four charges and each sentenced to death. The four co-accused were acquitted.

The three appellants have now appealed to this Court against the conviction and sentence.

[3] The deceased in counts III and IV were children of John Alusiola Sitok (PW1) (John Alusiola) and his wife Rose Kageya John (PW4) (Rose). AAA …

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