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Rogeni Marata & 6 others v. Republic

(1997) JELR 93806 (CA)

Court of Appeal  •  crim app 67 of 97  •  17 Dec 1997  •  Kenya

Coram
Akilano Molade Akiwumi, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

On 25th November, 1997, we allowed the appeal against the conviction of murder of, and sentence of death passed on, the appellants. We now give our reasons for doing so.

The appellants were tried for the offence of having murdered one Kenyanya Machuki, the deceased, on 15th October, 1993. According to the record of appeal prepared by the criminal registry of the Kisii High Court, an information dated 11th October, 1994, only charged four of the appellants namely, Rogeni Marata Kinaro, Otondi Kinaro, Keegu Keegu and Kefa Onyango, with the offence of murder. But the record of proceedings shows that only three of the appellants namely, David Moimbo Onyango, Amos Nyengeresi and Onsare Marata, were on 17th May, 1994, charged with the murder in the High Court to which they all pleaded not guilty. It was not till seven months later that the four appellants already named, and who had also been charged with the same offence of murder, had their case consolidated with that o…

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