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(2006) JELR 94053 (CA)

Court of Appeal  •  Criminal Appeal 311 of 2005  •  10 Nov 2006  •  Kenya

Philip Nyamu Waki, John walter Onyango Otieno, Erastus Mwaniki Githinji



On 1st November 1999, two police officers from Spring Valley Police Station were deployed by their superior to go on foot-patrol duties along General Mathenge Drive and Brookside Drive in Westlands area of Nairobi. They were Pc Morris Mutuku (PW 1) and Pc Edward Sang (PW 4). Pc Mutuku was armed with a G3 rifle with 20 rounds of ammunition while Pc sang was armed with a sub-machine gun (SMG) patchet with 20 rounds of ammunition.

At about noon that day, the two spotted an abandoned car along Brookside drive and they went to check it out. Soon after, they saw two casually dressed men walking towards them on the opposite direction of the road. The two men looked suspicious to the officers so they were stopped for questioning. One of them was SIMON MURIITHI KARIUKI, the appellant now before us, the other is still at large. As soon as they were stopped, the other person spoke to the officers in a friendly manner telling them, he and the appellant were not bad people as t…

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