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Stephen Muturia Kinganga v. Republic

(2013) JELR 95096 (CA)

Court of Appeal  •  Criminal Appeal 305 of 2011  •  28 Nov 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

Stephen Muturia Kinganga was charged with murder contrary to section 203 as read with Section 204 of the Penal Code, Cap 63 of the Laws of Kenya; in that on the 4th day of March, 2008, at Kilalai Village, Amwathi sub-location Maua Location in Igembe District within Eastern Province murdered Ibrahim M’Mauta M’Elinge. The appellant was tried and found guilty by the High Court (Lessit J). He was sentenced to death as provided by law.

The learned Judge in convicting the appellant expressed herself:

“In this case, the deceased had just had a discussion with PW3 and had just parted when he was attacked. Immediately he was stabbed, he went to PW1’s gate and in a pleading for help and urgent tone stated:

“Chief, please help me not to be killed by Muturia”.

I find that the deceased had a good opportunity to see and identify his attacker. He still was able to get to PW 1’s gate to seek intervention. Thereafter, when the deceased fell down “overwhelmed” by his injuries, he still…

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