PETER KARANJA MUTURI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein, PETER KARANJA MUTURI, was arraigned before the superior court on an information in which he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were as follows:

“PETER KARANJA MUTURI alias KANGI: on the 19^th day of November 2001 at about 8.00p.m. at Kariobangi North within Nairobi area murdered CHRISTOM OWINO MALUA”

The appellant denied the charge and his trial commenced on 10^th February, 2004 before Ombija J, who conducted the trial with the aid of three assessors ( as the law then provided). This being a first appeal it is our duty to re-evaluate the evidence and make our own findings but as we do so we must remember that we have neither seen nor heard the witnesses – see OKENO v. R [1972] EA. 32.

What was the evidence adduced before the superior court? The prosecution called a total of eleven witnesses. Samuel Onyango Ikewe (PW1) testified that on 19^th Novem…