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B.W.K v. Republic

(2010) JELR 105513 (CA)

Court of Appeal  •  Criminal Appeal 143 of 2008  •  28 May 2010  •  Kenya

Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



In an information presented to the High Court at Nakuru, the appellant B. W was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 17th July, 2004 in Nakuru District, the appellant murdered R. W. The background facts as per the evidence given in the case were that, Ruth Wairimu, the deceased, was the wife of the appellant and the couple had three children named A. N(PW4), M and K. A.N was the first born and was nine years old at the material time. According to PW4’s testimony, the couple shared one bedroom which was separated from the children’s bedroom by a sitting-room. On 15th July, 2004, only two days before the fateful day, according to the testimony of S. N (PW6) who was the deceased’s father, the couple had disagreed on certain matrimonial matters and the deceased went to parents’ house but on the same day, the appellant went to her parents home and pleaded with the decease…

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