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STEPHEN MUTHEE MACHERU Alias KAIRU v. REPUBLIC

(2001) JELR 94535 (CA)

Court of Appeal  •  Criminal Appeal 110 of 2000  •  17 May 2001  •  Kenya

Coram
Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu, Bernard Chunga

Judgement

JUDGMENT OF THE COURT

Stephen Muthee Macheru (herein after called the appellant) was tried, convicted and sentenced to death on a murder charge contrary to section 203 as read with section 204 of the Penal Code, Cap 63 Laws of Kenya, by the resident Judge, Nyeri, on 29th January, 1999.

The particulars of the charge were as follows:-

"On divers dates between 14th September, 1994 and 20th September, 1994 at Mucharage village Chinga location in Nyeri district within the Central Province murdered JETHA WANJIKU GATHINJI".

Following his conviction and sentence the appellant has now appealed to this Court against the decision of the trial Judge. His advocate, Mr. Mahan, in his petition of appeal and submissions before us, took only one point set out in the petition as follows:-

"The Honourable learned Judge erred in law in relying on circumstantial evidence and burden of proof".

The deceased was an old lady aged about 80 years. She had employed the appellant as a shamba boy, four to five months be…

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