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Peter Kuria Kaburu v. Republic

(2010) JELR 96588 (CA)

Court of Appeal  •  Criminal Appeal 234 of 2009  •  19 Mar 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram



The trial of Peter Kuria Kaburu, the appellant herein, opened before Mutungi, J, as he then was, on 18th September, 2007. As the law then required, the learned Judge was assisted in the trial by three assessors. The Information on which they tried the appellant charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in that Information were that on 8th May, 2005, at Sinai slums , Industrial Area, Nairobi, the appellant murdered Michael Mutua Waita, hereinafter, “the deceased.” Mutungi, J heard a total of eleven prosecution witnesses and at the end of their evidence, the learned Judged ruled, on 11th December, 2008, that the appellant had a case to answer on the charge of murder. The Judge then directed that he would hear the case for the defence on 3rd February, 2009. The Judge eventually heard the sworn defence of the appellant on 31st March, 2009. Thereafter he again adjourned the hearing to 27th Apri…

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