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Pharis Wachira Karuri v. Republic

(2013) JELR 96692 (CA)

Court of Appeal  •  Criminal Appeal 67 of 2008  •  16 May 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

Pharis Wachira Karuri, the appellant herein, was tried and convicted in the High Court at Nyeri (Kasango, J) on Information that had charged him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the said Information were that on the 12th day of June, 2006 at Nyakiai village in Murang'a District of the then Central Province, the accused murdered Edward Kamau Karuri (the deceased).

The deceased and the appellant were brothers, who had ventured in the business of bar and restaurant called Muringu Bar (the bar) at Nyakiai Village. Their third brother, James Mwangi Karuri (James) (PW 5), had at one time been employed at the bar, but because of differences arising out of stock shortages, which the appellant had blamed upon James, the latter had been dismissed from his employment at the material time.On the fateful day, and according to the appellant himself, he (the appellant) had traveled to Muran…

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