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Victor Nthiga Kiruthu & James Nyaga Gitemba v. Republic

(2017) JELR 94415 (CA)

Court of Appeal  •  Criminal Appeal 45 of 2016  •  10 Oct 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant Victor Nthiga Kiruthu (Victor), and James Nyaga Gitemba (James), were arraigned before the High Court at Meru for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, in that on the 30th day of October, 2010 at Rwani village, Kamaguna sub-location, Maragua Location, Gatue Division, Tharaka North District, within Eastern Province (as it was then known) with others not before Court they murdered David Munyambu Nkandi (the deceased). The appellants denied the charge, provoking a trial in which the prosecution called seven (7) witnesses in support of its case, while both appellants gave sworn evidence and called two witnesses.

The brief background to the appeal is that, on the 30th October, 2010 at about 9.00am, the deceased in the company of PW1, Stephen Njeru Gikandi (Stephen), a son in law to the deceased; PW4, Catherine Kathina (Catherine), a daughter to the deceased, and wife to Stephen; PW2, Mary Muthoni Mutegi (…

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