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Peter Kimathi Kanga v. Republic

(2015) JELR 95223 (CA)

Court of Appeal  •  Criminal Appeal 80 of 2013  •  17 Dec 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant PETER KIMATHI KANGA was arraigned before the High Court at Meru on a charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code, on an information that alleged that on the 6th day of April 2008 at Kithaene Sub-location, Kithetu Location, Igembe District of the then Eastern Province, he murdered Stephen Ntanjara. The deceased was his father-in-law.

After hearing the prosecution case presented through four witnesses, and the appellant’s sworn testimony, Lesiit J, found the charge proved. She accordingly convicted the appellant and sentenced him to suffer death as by law provided.

That verdict and sentence aggrieved the appellant, and he in the first instance filed some nine self-crafted grounds of appeal. These were abandoned by his advocate, Miss Nelima who filed a Supplementary Memorandum of Appeal containing six grounds which are to the effect that the conviction was against the weight of evidence, the ingredients of Murder we…

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