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Ben Muchera Mwabi v. Republic

(2020) JELR 105774 (CA)

Court of Appeal  •  Criminal Appeal 10 of 2016  •  22 May 2020  •  Kenya

Jamila Mohammed, Agnes Kalekye Murgor, Stephen Gatembu Kairu




1. This is a first appeal from the judgment of the High Court, (Majanja, J.) delivered on 16th November 2015 in which Ben Muchera Mwabi, (the appellant) was found guilty and convicted of the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. The particulars of the offence were that on 11th day of February 2012 at Keguka village in Ngege sub-location in Migori County, he murdered Morris Omondi Otiego (the deceased).

3. In brief, the prosecution evidence was that Philip Omondi Achieng (Philip), testified that on 11th February, 2012 he received a telephone call from the deceased’s brother, Joseph Ndiege Otiengo (Joseph) at about 11am who informed him that the deceased had been abducted in Ogembo, Kisii and requested him to contact the Criminal Investigation Department (CID) at Migori to report the incident. It was Philip’s further evidence that he knew the deceased as an accountant at Migori District Hospital and that the …

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