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PETER MOTE OBERO & another v. REPUBLIC

(2011) JELR 93945 (CA)

Court of Appeal  •  Criminal Appeal 177 of 2008  •  4 Mar 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

On the 15th day of April, 2002 at about 11 p.m., John Kamau Muhika, (“the deceased”) was shot dead in his car by unknown assailants upon arrival at the gate of his residence at Maweni Village, outside Taveta town. His wife Mary NjeriKamau(PW4) (Mary) who was in their house had responded to the hooting of his car, an Isuzu Trooper, and she went out to open the gate. Their house girl called Eva Tadei, a Tanzanian national accompanied her. All the security lights at the gate and around the house were on. As Mary opened the gate and the deceased was driving in, she saw three men coming in, one of them holding a gun. The man cocked the gun and Mary screamed. She ducked behind the gate asking the thugs to take the money she had but one of them answered “We do not want Kamau’s money. The gunman then fired out two shots from the rear of the vehicle as the man near her pulled her and clobbered her on the head. She passed out. She was subsequently taken to Taveta District …

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