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PETERSON KARANI NJOGU & ANOTHER v. REPUBLIC

(2011) JELR 95056 (CA)

Court of Appeal  •  Criminal Appeal 11 of 2010  •  1 Dec 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The two appellants PETERSON KARANI NJOGU (1st appellant) and J.M.M alias M (2nd appellant), were according to information dated 10th July 2008 arraigned before the High Court of Kenya at Nyeri, charged with murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on 25th day of May, 2008, at Kibingo Village in Kirinyaga District within Central Province they jointly with others not before court murdered NICHOLAS KARIMI MWANGI (the deceased). The appellants denied the charge and their trial commenced before Makhandia, J on 29th September, 2009. The prosecution called a total of nine witnesses.

Rebecca Mukami Karimi (PW1) was the wife of the deceased and it was her evidence that on 25th May, 2008 at about 11.00 a.m. whilst at home with the deceased, the appellants came in the company of three others and asked her to call the deceased from the house for them. When the deceased came out, the appellants held him and started assaultin…

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