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(2000) JELR 94587 (CA)

Court of Appeal  •  crim app 98 of 95  •  26 Oct 2000  •  Kenya

Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire



Samuel Gachago S/O Nganga (the appellant) was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The offence was allegedly committed on 5th October, 1993 at Gathiuru village in Nyeri District. The person allegedly murdered was one Stanley Mutua (the deceased).

Francis Karume Githendu (P.W.I.) was at Gathirwa. This place is part of a forest in Mount Kenya area and some persons were allowed to cultivate there. At about 5.00 p.m. on 5th October, 1993 he saw the appellant and the deceased at that place with three other persons. One of these was Nancy Kanyatta (P.W.7). He does not state who the others were. When P.W.1 sought to know the whereabouts of one Kabui Mugo from the appellant, the appellant shouted at him in anger for no apparent reason. Whilst leaving the place he stopped to look at those persons when he saw the appellant cut the deceased with a machete (panga) on the neck and the head. P.W.1 then ran away to…

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