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Sarah Njoki Karaba & another v. Republic

(2006) JELR 95074 (CA)

Court of Appeal  •  Criminal Appeal 226 & 271 of 2005  •  4 Aug 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The two appellants in the consolidated appeals were jointly charged with murder contrary to section 203 as read with section 204 of the Penal Code in the superior court. Sarah Njoki Karaba (1st appellant) was the second accused while George Gatimu Karaba (2nd appellant) was the first accused at the trial. They are sister and brother. They were convicted after trial with assessors and each sentenced to death. This is their first and final appeal against the conviction and sentence.

The particulars of the charge alleged that on 23/2/2002 the two appellants jointly with others not before the court murdered Aurelius Ngari Karathi. The prosecution called 15 witnesses, eight of whom gave direct evidence relating to the murder of Aurelius Ngari Karathi and the circumstances under which he was murdered. Those eight material witnesses are Mary Waruguru Ngari, wife of deceased (PW 2), James Njogu Ngotho (PW 4), Peter Muthee Kimiru (PW 5), Kennedy Kinyua Maru (PW 7), Peter Ma…

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