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Protus Madakwa, Oscar Mmenya & John Mugita v. Republic

(2008) JELR 95198 (CA)

Court of Appeal  •  Criminal Appeal 118 of 2007  •  19 Dec 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Joyce Adhiambo Aluoch, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The three appellants, Protas Madakwa alias Collins, 1st appellant, Oscar M’Menywa alias Evans, 2nd appellant and John Mugita alias Johnie, 3rd appellant, were tried before Rawal, J sitting with assessors on an information which charged them with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in that information were that on 16th day of November, 2003 at Kawangware in Nairobi Area, they jointly murdered Benard Wirage Magale, hereinafter the deceased. The learned Judge and the assessors heard evidence from a total of six witnesses brought by the prosecution. Each appellant in turn made an unsworn statement and at the end of it all, the learned Judge summed up the case to the three assessors. The verdict of each assessor was that each of the three appellants was guilty of murder of the deceased as charged. By her judgment dated and delivered on 28th November, 2005, the learned Judge also found each appellant guilt…

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