JOHN MWANZIA MUSEMBI
V.
REPUBLIC

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GICHERU, KWACH and SHAH, JJ A)

CRIMINAL APPEAL NO 97 OF 1990

BETWEEN

JOHN MWANZIA MUSEMBI ..................APPELLANT

AND

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

(Appeal from a judgment of the High Court of Kenya at Nairobi (Justice E. Torgbor) dated 14^th June, 1990)

in

CRIMINAL CASE NO. 25 OF 1988

JUDGMENT

John Mwanzia Musembi (the appellant) was arraigned on two counts of murder contrary to section 204 read together with section 203 of the Penal Code. The first count alleged that on 8^th November, 1987 at Kingoti village in Machakos District, Eastern Province, he murdered Moses Kinyanjui Makumi. In the second count he was charged with the murder of Philip Muisyo Musembi on 11^th November 1987 at Matakutha trading center also in Machakos District.

The deceased in the first count was shot and killed in his house at night by robbers who then escaped. His wife saw the attackers but she could not identify them. The deceased in the second co…