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Peter Kingori Gitau v. Republic

(2012) JELR 94432 (CA)

Court of Appeal  •  Criminal Appeal 223 of 2008  •  23 Feb 2012  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the High Court (Koome, J, as she then was), on two counts of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged in the first count that on 28th day of January, 2008, at Momoi Area in North Nakuru District, he murdered NNK. The particulars of the second count are the same but the deceased was WWK. NNK (N), was the appellant’s wife while WWK (MW ) was his uncle. The uncle was elderly but unmarried and stayed in a separate room in the same house as the appellant and his wife who had no children. Upon his conviction, he was found to have been insane at the time of commission of the offence and was, therefore, sentenced to detention at the President’s pleasure as the law requires of such finding.

The facts are fairly straightforward and they came from five witnesses called by the prosecution, most of whom were close relatives of the appellant, and police officers. None of those witnesse…

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