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Bosco Ndungu Kinyanjui v. Republic

(2015) JELR 105105 (CA)

Court of Appeal  •  Criminal Appeal 67 of 2014  •  4 Dec 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The law regarding the nature and character of proof by circumstantial evidence has been settled by several decisions with the loci classici being R v. Kipkering arap Koske (1949) 16 EACA 135 and Simeon Musoke v. R (1958) EA 715.

The law requires that circumstantial evidence in a criminal trial be narrowly examined with utmost caution while considering all the circumstances of time, place, means, opportunity and conduct, which point to the suspect as the perpetrator of the crime.

The case against the appellant at the trial rested purely on circumstantial evidence. It was alleged that he had a frosty relationship with the mother who was murdered along with her daughter and shortly before their bodies were recovered the appellant was met leaving the house in which the bodies were; and that his clothes and hands had blood. It was the case for the prosecution that that evidence pointed to him and nobody else as the perpetrator of the heinous crime.

The evidence in this ca…

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