STANLEY MWITHALIE MUCHUI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by the High Court, at Meru on information, charging the appellant with murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. The particulars of the offence stated that on 9^th March 2009, the appellant murdered Peter Gitau.

The prosecution called five witnesses in support of the charge namely; Morris Kobia Maroo (PW1) (Kobia); Daniel Mbaria Kamere (PW2) (Kamere); Beth Wambui Gitau (PW3) (Wambui); Dr. Koome Guantai (PW4); and Margaret Thirindi (PW5) (Thirindi).

Before closing the prosecution case, the prosecuting counsel applied for adjournment to call the investigation officer saying that he was bonded but was in Mandera on leave. The application was opposed by counsel for the accused and the High Court ultimately dismissed the application.

The prosecution case as reconstructed from the evidence was briefly as follows:

On 9^th March, 2009, at about 12.20 p.m. Thirindi, a neighbour of both Peter Gita…