WILSON KINYUA & IBRAHIM M'INANGA V. REPUBLIC

JUDGMENT OF THE COURT

November 10, 1980, Madan, Miller, and Potter JJA delivered the following Judgment.

These two appeals which we have been consolidated, are against convictions for murder contrary to section 204 of the Penal Code. The deceased, Antonio M’Ibaya, during his lifetime was the registered owner of a parcel of land known as No. Nyaki/Munithu/1128. The first appellant, Wilson, claimed it was a portion of land which the deceased had agreed to sell to him. Wilson had filed a suit against the deceased during his lifetime in the court of Resident Magistrate, Meru for specific performance of the agreement of sale of the land. The suit was fixed for hearing on June 12, 1976.

Towards the end of March 1978, Wilson and the second appellant, Ibrahim, spent a night at Mutuati where the deceased was living with his second wife, Veronica. In the early hours of the next morning, the two appellants asked for directions and were shown the way to the deceased’s house where Wilson asked the de…