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Stephen Kilemi v. Republic

(2007) JELR 95081 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2006  •  18 May 2007  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



This is a first and last appeal. The appellant, Stephen Kilemi together with his brother Ernest Kiriamburi were arrested and taken to the Senior Resident Magistrate’s Court at Maua on an allegation that on 12th day of October, 1996 at Githu Sub-location Tigania East Division of Nyambene District within the Eastern Province jointly murdered Geremano M’Amuru. After that Court had received and considered the committal bundles, as was the procedural requirement in murder cases at that relevant time, that Court found that there was sufficient grounds for committing the two to stand trial in the High Court and it did commit them to the High Court to stand trial for the offence of murder. At the time of committing them to the High Court, the Subordinate Court complied with Section 232(4) of the Criminal Procedure Code (now repealed) and the appellant together with his brother (the co-accused) made and signed certain extra judicial statements before the subordinate court.…

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