Customer Support

DAVID AGWATA ACHIRA
V.
REPUBLIC

(2003) JELR 98146 (CA)

Court of Appeal 28 Nov 2003 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 47 of 2003
Judges:Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:David Agwata Achira v. Republic [2003] eKLR

JUDGMENT

The appellant, David Agwata Achira, was convicted by Wambilyanga J, sitting with assessors at the High Court of Kenya, Kisii, of the offence of murder contrary to section 203 and 204 of the Penal Code and sentenced to death as prescribed by the law. The particulars of the offence stated that the appellant murdered one John Nyambati Nyarusa on 12 day of August, 1999 at Bokiambori sub location in Nyamira District.

He appeals to this Court on the grounds contained in the memorandum of appeal filed by the appellant personally and in the supplementary memorandum of appeal filed by Mr L G Menezes, the appellant’s counsel.

On 12th August, 1999 Elizaphan Nyatika Ateyi (PW2) (hereinafter referred to as Elizaphan) arrived at his home from a meeting at about 4 pm. He was in the company of Henry Osoro (PW8) (hereinafter referred to as Henry), Osea Ateyi, (PW7) John Nyambati Nyarusa (deceased) and David Agwata Achira alias “Councillor”, the appellant herein. It started raining and the four p…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.