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Cecilia Wangechi Kanyuira v. Republic

(2006) JELR 105338 (CA)

Court of Appeal  •  Criminal Appeal 22 of 2005  •  3 Nov 2006  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



The appellant in this appeal, Cecilia Wangechi Kanyuira, is the mother of the deceased, William Kanyuira Wangechi. In an information dated 20th May, 2003, the superior court was informed by the Attorney General that she was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 30th day of October, 2002, at Giagachucha Village in Nyeri District within Central Province she murdered William Kanyuira Wangechi. On 20th August, 2003, she was arraigned in High Court at Nyeri and she pleaded not guilty to that charge. After full hearing in which five prosecution witnesses testified, and she also gave her evidence in defence, she was convicted as charged and sentenced to suffer death in accordance with the law. In convicting her, the learned Judge of the superior court (Khamoni, J) stated, inter alia, as follows:

“The accused was the last adult person to be seen with the child. …

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