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Philip Kariuki Ambao v. Republic

(2016) JELR 95110 (CA)

Court of Appeal  •  Criminal Appeal 81 of 2013  •  19 Oct 2016  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The appellant PHILIP KARIUKI AMBAO was one of five persons arraigned before the High Court at Meru for the murder of one Jacob Kinyua (deceased). The Information is to the effect that on the 16th day of August, 2008, at Antubetwe Kingo Location in Meru North district of the former Eastern Province, jointly with others not before court they murdered the deceased. The appellant and his co-accused were tried by the trial court save that he alone was found guilty and sentenced to death as provided by law. His co-accused were set free for lack of sufficient evidence. It is the said decision which has given rise to the present appeal wherein the learned trial Judge is faulted both in law and fact for:-

  • Wrongly convicting the appellant on the basis of a dying declaration contrary to law.
  • Flouting the provisions of Section 169 (1) and (2) of the Criminal Procedure Code-Cap 75.
  • Failing to substitute the charge of murder with the lesser one of manslaughter.
  • Convicting the appel…

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