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Samuel Kibutha Kamau v. Republic through Director of Public Prosecutions

(2013) JELR 93988 (CA)

Court of Appeal  •  Criminal Application 1 of 2012  •  26 Apr 2013  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Patrick Omwenga Kiage



The applicant was jointly charged with one Charles Kibet with the offence of murder. They were alleged to have murdered one Francis Muhoho Ngugi on 29th May 2005 at Kimunyu Trading Centre. The High Court (Apondi J.) after a full trial found the applicant guilty and sentenced him to death while his co-accused was acquitted and set at liberty.

Being aggrieved by the conviction and sentence, the applicant appealed against both to this court. His appeal (No 120 of 2010) was heard and a judgment rendered therein on 10th February 2012. This Court considered all the circumstances leading to the offence for which the appellant was tried and convicted and concluded thus;

“The events which preceded the shooting of the deceased by the appellant were that the barrier was mounted as a result of recent robbery and carjacking incidents in the area, that the deceased vehicle (sic) emerged, failed to stop, braked suddenly and hit the barrier and pushed it, that after the deceased reve…

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