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Peter Mugambi v. Republic

(2017) JELR 95094 (CA)

Court of Appeal  •  Criminal Appeal 42 of 2016  •  10 Oct 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant, Peter Mugambi, was arraigned before the High Court at Meru for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, in that on the 22nd day of March, 2011 at Kirindara sub-location, Ntunene Location, Igembe District within Eastern province (as it was then known) he murdered Ibrahim Mutembei Kubai (the deceased). The appellant denied the charge, prompting a trial in which the prosecution tendered six (6) witnesses in support of the case, while the appellant who gave sworn testimony was the sole witness in defence.

The brief background to the appeal is that PW3; Joseph Gitonga Kubai (Joseph) had employed PW1 Andrew Kirimi (Andrew) to guard his miraa farm at Atuamboi. The appellant and the deceased guarded the farm at Atheru. On the 18th day of March, 2011, the deceased handed over gate keys to the Atheru farm to Andrew, citing threats to his life by the appellant. On the same date, 18th day of March, 2011, at around…

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