PETER MUSYOKA HARUN V. REPUBLIC

JUDGMENT OF THE COURT

PETER MUSYOKA HARUN, the appellant, was tried by the High Court of Kenya at Machakos on an information charging him with the murder of a local shopkeeper named Alfonse Musembi Ndambuki, the deceased, on 8^th May, 2002 at Kawethei Location, Kawethei sub-location, Mukunike village, in Machakos District within the Eastern Province. The appellant was convicted as charged and sentenced to death.

The facts which the learned trial Judge, Wendoh, J found proved may briefly be stated as follows. During the evening of the fateful day a group of villagers were passing time at Mukunike’s shopping centre when at about 8.00 pm they heard loud screams emanating from the direction of the deceased’s shop. Ronald Kiilu (PW1), his brother David Kiilu (PW2) and some other villagers ran towards that direction to find out what had happened. Outside the deceased’s shop they saw the deceased screaming while clutching his stomach. The shop was open and there was a lit lantern on the counter…