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Saitoti Ndalamia, Simon Ndukai & Jackson Tareto v. Republic

(2008) JELR 94971 (CA)

Court of Appeal  •  Criminal Appeal 244 of 2006  •  4 Jul 2008  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The three appellants were tried by the superior court with aid of assessors for a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge stated that on 14th day of April, 2001, the three appellants jointly with others murdered WAMBUA WANGILA. After the trial, the three assessors gave a unanimous opinion that each of the three appellants was guilty of murder. The superior court convicted each appellant as charged and sentenced each to death.

This appeal is against conviction and sentence.

Each of the three appellants was a night watchman employed to guard different premises at Huruma Estate, Nairobi. On 14th April, 2001 at about 5 a.m. some residents of the estate heard screams and they went out to answer the screams Annah Njoki (PW1), James Mutua Matata (PW3), Mary Machirima (PW4) and Fredrick Kasyoka (PW5) are among the people who went out to answer the screams. When Mary Machirima went out she found Saito…

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