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Stephen Njagi Ireri v. Republic

(2014) JELR 95100 (CA)

Court of Appeal  •  Criminal Appeal 111 of 2013  •  26 Feb 2014  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. Stephen Njagi lreri, the appellant, was jointly charged with Mary Wanja Njiru with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in the High Court at Embu. The particulars of the offence were that on 15th September, 2009, at Kitharo Village, Gikiiro Sub-location in Mbeere District within the then Eastern Province, the appellant and his co-accused murdered one Peter Nyaga Ngari.

2. The appellant and Mary Wanja Njiru (Mary) are husband and wife. They pleaded not guilty to the charge. The prosecution called a total of eight witnesses in support of its case. It was the prosecution's case that on 15th September, 2009 at around 9:30 p.m. after PW2, Felista Nyaga (Felista) and her husband, Peter Nyaga Ngari (deceased) had supper outside their house, Felista went into the house to prepare the bed for the deceased. As she was coming out of the house, she saw the appellant and his wife approaching their compound armed with a pang…

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