Anthony Njue Njeru v R (Use of force)

Anthony Njue Njeru v R (Use of force) - Anthony Njue Njeru...

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Anthony Njue Njeru v Republic [2006] eKLR REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Appeal 77 of 2006 ANTHONY NJUE NJERU ……………………… .................................. ………..…….. APPELLANT AND REPUBLIC ………………………………….…………… ............................ ….……. RESPONDENT (Appeal from a conviction & sentence of the High Court of Kenya at Nairobi (Justice Onyancha) dated 20 th May, 2005 in H.C.CR.C. NO. 69 OF 2002) ***************** JUDGMENT OF THE COURT Antony Njue Njeru , the appellant herein, was tried by Onyancha, J sitting with assessors on an information which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on the 18 th day of July, 2002 at Chiromo, Nairobi River, next to Nairobi University within Nairobi Area the appellant murdered David Sila Kimuyu , herein called “the deceased”. After a full trial, the learned Judge and the three assessors found the appellant not guilty of murder as charged but of the lesser offence of manslaughter. The appellant was consequently sentenced to three years imprisonment. The appellant’s trial commenced on 25 th March, 2003. From the prosecution evidence the appellant was a police constable who, on 18 th July, 2002 was on duty and, as such, had been supplied with a firearm, a Ceska Pistol Serial No. 6006 , with 15 rounds of ammunition . Together with a colleague PC Bernard Mikaye (PW3) who was also armed, the two were instructed by their senior officers to proceed to University of Nairobi at the office of the Students Welfare Association where they would be given new assignment. The two police officers reached the office of Peter Kingori Gichohi (PW1), a security officer at the Nairobi University. Gichohi (PW1) briefed the two police officers as regards their assignment that day. Gichohi informed the two of a motor vehicle registration No. KAH 561K which he suspected to be driven by people who were drug traffickers. The two police officers were instructed to - Page 1/9
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Anthony Njue Njeru v Republic [2006] eKLR monitor the movement of the said vehicle and establish whether or not the movement of the said vehicle was connected with the supply of drugs to University Students. As a result of the foregoing, the two police officers, led by a junior Security Officer from the University by the name of John Musyimi Kamwanza (PW2) proceeded to the various places where the suspect vehicle had been spotted. When the three reached the University Football field, they met two people – Peter Mwendwa Kimwele (PW20) and Patrick Githuku Gichui (PW21) . According to the appellant and his colleague PC Mikaye (PW3) the two people (Kimwele and Gichui) looked suspicious as they were walking from a thicket about 100 to 200 metres from the football pitch. The appellant and his colleague identified themselves as police officers, searched them and allegedly recovered rolls of bhang from each of the two (PW20 and PW21) .
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  • Spring '16
  • Nairobi, appellant, Anthony Njue Njeru

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