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Simon Maina Gichuhi v. Republic

(2010) JELR 96587 (CA)

Court of Appeal  •  Criminal Appeal 13 of 2004  •  19 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The late Isaac Lugonzo (“the deceased”) returned to his home in Muthaiga, Nairobi from work at about 6.30 pm on 21st March, 1996. After spending some time with his family he left for Muthaiga Golf Club in his motor vehicle registration no. KWE 642 returning again at about 9.00 pm. Before he could drive through his gate, he was attacked by people who had followed his car. The robbers shot him, and quickly disappeared with his motor vehicle, his watch and an umbrella. The watchman heard the commotion, ran to the house, alerted the deceased’s wife, and together with her, and two cooks approached the gate where they found the deceased lying on the ground bleeding profusely. The deceased’s wife reported the matter to the Muthaiga Police Station, and rushed the deceased to the Aga Khan Hospital where he was pronounced dead at about 11.00 pm on the same day.

Meanwhile, PC James Kinyua (PW 11) (PC Kinyua) was on patrol with the Assistant Chief of Korome in the Gachie tradi…

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