Customer Support

SAMUEL NGUGI NDINGURI
V.
REPUBLIC

(2000) JELR 96802 (CA)

Court of Appeal 13 Oct 2000 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 25 of 1992
Judges:Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire
Location:Nairobi
Other Citations:Samuel Ngugi Ndinguri v. Republic [2000] eKLR

JUDGMENT OF THE COURT

Samuel Ngugi Ndunguri, the appellant, was convicted after a trial, of murder contrary to section 203 as read with section 204 of the Penal Code, and was thereafter sentenced to the mandatory death sentence. His conviction was based solely on circumstantial evidence, which evidence, according to the authorities, must point irrestibly to the guilt of the accused and exclude any other reasonable hypothesis than that of guilt, and also, exclude co-existing circumstances which tend to weaken or destroy such inference (Musoke v. R. 1958 EA).

The deceased in the case, Francis K. Githinji, a resident of Gathuya Village, Kiambu, was killed between the period 18th July, 1990 to 25th July, 1990, and his body was thrown into a latrine which was within the appellant's homestead. It was then covered with some soil. It was recovered from there on 25th July, 1990, along with a crowbar, which apparently was the murder weapon. The deceased was last seen alive on 18th July, 1990, whe…

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.