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Peter Ngatia Ruga v. Republic

(2010) JELR 96552 (CA)

Court of Appeal  •  Criminal Appeal 42 of 2008  •  21 May 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is a first appeal. The appellant Peter Ngatia Ruga was, in an information dated 10th August 2006, arraigned in the superior court with the offence of murder contrary to section 203 as read with section 204 both of the Penal Code. The particulars of the offence were that:-“On the night of 5th and 6th day of April 2006, at Gitero village in Nyeri District within Central Province, murdered Joseph Ndonga Kingori.”He pleaded not guilty, but after a trial, part of which was conducted with the aid of assessors, the learned Judge of the superior court, (Kasango J.) found him guilty as charged, convicted him and after giving him opportunity to mitigate, sentenced him to suffer death as per by law provided. He was not satisfied with that conviction and sentence and hence this appeal before us premised on seven grounds which are in a summary, that his rights under the Constitution of Kenya were violated as he was detained in police custody for a period in contraventio…

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