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Peter Irungu Mukurathi v. Republic

(2007) JELR 96384 (CA)

Court of Appeal  •  Criminal Appeal 132 of 2004  •  13 Feb 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant PETER IRUNGU MUKURATHI was convicted by the High Court sitting at Nyeri of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. This is an appeal against the conviction and sentence.

The particulars of the charge stated that on 31st day of July, 1999 at Kabuta village, the appellant murdered GITHAE KAMAU.

The appellant was tried with the aid of assessors.

The appellant is the brother of SAMUEL KAIBA MWANGI (PW1) (Samuel). On the 31st July, 1999 at about 2 p.m. the deceased, Samuel Kamau and four other boys namely, STEPHEN NJOROGE KAMAU (Stephen) (PW4), TIMOTHY KARIUKI, MAXWELL MWANGI and ELIUD MAINA were resting outside the house of Samuel’s parents. Stephen is the brother to Samuel.

The appellant went there and entered into the house. He came out with a glowing firewood and commanded Stephen to go to a stream to fetch water saying that he was thirsty. Stephen took a jerrican and went to the riv…

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