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Philiph Kenei, Antony Nderemba & Ronald Oraro v. Republic

(2013) JELR 96512 (CA)

Court of Appeal  •  Criminal Appeal 153 of 2012  •  18 Oct 2013  •  Kenya

Coram
John Wycliffe Mwera, Philomena Mbete Mwilu, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The three appellants herein, Philip Kenei, Antony Nderemba and Ronald Oraro, have appealed against the conviction and sentence at Machakos High Court (Makhandia, J. as he then was) in the judgment delivered), on 23rd March, 2012. The trio was charged with the offence of Murder under Section 203 of the Penal Code as read with Section 204, that on 22nd January, 2008 at Pond Area, Machakos District with others not before court, they jointly murdered Andrew Ndeti Muia.

Mr. D. Konya, learned counsel represented all the 3 appellants at the High Court and filed 3 separate memoranda of appeal in this Court. At the time of hearing the appeal Mr. Kiprono Advocate, represented the first appellant Philip Kenei, while Mr. Konya Advocate, appeared for the 2nd appellant (Anthony Nderemba) and 3rd appellant (Ronald Oraro) respectively. Mr. K. Kamula, learned Senior Assistant Director of Public Prosecutions represented the respondent.

Mr. Kiprono argued grounds 1 to 8 together, aban…

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