RICHARD KAMAU KINUTHIA & MATHEW WAMBUGU MUTURI V. REPUBLIC

JUDGEMENT OF THE COURT

By an information dated 30^th December, 2003, the High Court was informed that Richard Kamau Kinuthia and Mathew Wambugu Muturi did on 10^th November 2003 at Muchatha Trading Centre in Kiambu District within Central Province jointly with others not before the court murder Samson Mutuma Mburugu. By the same information it was alleged that the two did on 16^th November, 2003 at the same place jointly with others not before the court murdered Patrick Kobia.

The two accused were allegedly arrested on 16^th November, 2003, but were not presented to court until 5^th January 2004, notwithstanding the provisions of section 72(3) of the Constitution which stipulates among other things, that a person arrested and accused of a capital offence who is not released should be taken to court within 14 days of his arrest unless reasonable grounds exist for showing that the time he is presented to the court though exceeding 14 days was reasonably practicable in the circumstances. The is…