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Waweru & Muiruri v. Republic

(1983) JELR 96327 (CA)

Court of Appeal  •  Criminal Appeal 115 of 1982  •  24 Mar 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAKURU

( Coram: Madan, Potter JJA and Chesoni Ag JA )

CRIMINAL APPEAL NO 115 OF 1982

BETWEEN

1.WAWERU

2.MUIRURI....................................................................................APPELLANTS

AND

REPUBLIC...................................................................................RESPONDENT

JUDGMENT

We have consolidated the appeals of the above named two appellants. They were both convicted of the murder of Elijah Kariuki Komu on a date between July 18 and 22, 1980. A third accused with them named Karuga Mwangi was acquitted.

The deceased, Komu, was living on Kamirithu Farm, Elburgon at the material time. He had cattle and sheep, also three wives, one of them Esther Wangari.

In mid-August 1980 the deceased’s son-in-law Samson Kanyiri Ng’ang’a and his wife, the deceased’s daughter, visited the deceased’s farm. They did not find him, or his cattle and sheep there. On a further visit later the deceased’s house was found broken into. His personal effects …

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