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BERNARD MURIMI WANJIKU
V.
REPUBLIC

(2022) JELR 113611 (CA)

Court of Appeal 18 Feb 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 71 of 2016
Judges:J Mohammed, JA K M'Inoti, JA S ole Kantai, JA
Location:Nyeri

JUDGMENT

  1. Two families in today’s Kirinyaga County were feuding over a parcel of land identified in the case before the Judge as Rice Paddy No. 4611 measuring 1½ acres or thereabouts (the suit property). They had litigated over ownership of that suit property in the civil courts and the family of the deceased (Evans Kiarie Maina son of Douglas Maina Kangangi (PW2 Kangangi) had won the case over the family of Gathombe Rurige and his son Dedan Muthie. According to the prosecution on the morning of 29th June, 2013 a group of men who included the deceased invaded the suit property and were in the process of uprooting freshly planted rice when the appellant, Benard Murimi Wanjiku accompanied by others all armed with weapons including pangas and stones came to the suit property and attacked those who were uprooting the rice. James Maina Mwangi (PW1) was one of the men uprooting the rice that morning and he told the trial Judge that he was in the company of others when he saw invaders come to …

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