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Ben Njioka Kasoa v. Republic

(2020) JELR 105773 (CA)

Court of Appeal  •  Criminal Appeal 57 of 2019  •  23 Oct 2020  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, Patrick Omwenga Kiage



[1] Domitila Mumbua Mule, the (deceased) was last seen alive by her daughter on the wee hours of 2nd October, 2009. By a cloak and dagger mystery, the deceased’s lifeless body was found buried under a sand bed of the river Thwake a few hours later. The deceased had established a daily routine of waking up early at 5 am, driving her donkey to river Thwake to fetch water. Apparently, the river whose water sustained the life of the deceased seems to have given an opportunity to those who took away her life for reasons that no one could comprehend other than a threat that had been issued to the deceased’s daughter and some evidence that was slovenly given by the police that the appellant had admitted to have murdered the deceased and led them to a place where they recovered some murder weapons.

[2] The rest of the evidence to unravel the mysterious murder of the deceased was pieced up from a total of twelve (12) witnesses. Mary Ndunge Sila (PW4) (Mary) deceased daughte…

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