Login Register


(2015) JELR 105563 (CA)

Court of Appeal  •  Criminal Appeal 87 of 2011  •  25 Jun 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



This is an appeal from the judgment of Koome, J (as she then was) delivered on 6th May, 2011 in Kitale HCCRC No. 62 of 2004 in which she convicted the appellant of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced him to life imprisonment.

The prosecution case was that the deceased was the appellant’s wife. Due to matrimonial differences, the deceased returned to her parents’ home in October 2011. On 14thDecember, 2011, the appellant went to his in-laws home where his mother-in-law served him with food. After eating, he left without uttering a word. The following day, that is on 15th December, 2011 at about 8.00 a.m., as the deceased, PW1, PW2 and PW3 walked to Ortum market to do shopping, the appellant shot the deceased with an arrow and thereafter viciously cut her with a panga several times and instantly killed her.

Put on his defence, the appellant gave an unsworn statement in which he denied committing the of…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login