IN THE COURT OF APPEAL
AT MOMBASA JULY 18, 1990
NYARANGI, MASIME and GICHERU JJ A
CRIMINAL APPEAL NO 77 OF 1989
CHIVATSI DZOMBO CHIVATSI and ANOTHER .................APPELLANT
VERSUS
REPUBLIC........................................................RESPONDENT
(Appeal from a Judgment of the High Court at Mombasa, Bosire J, dated 25 May 1989 in High Court Criminal Case No 29 of 1988)
JUDGMENT
This is a very strange case indeed.
The appellants were convicted of murder contrary to section 203 as read with section 204 of the Penal Code, in that on the 9th September, 1987 at Majengo King’orani in the Mombasa District they jointly murdered Dzombo Dol Dzombo.
It is not in dispute that the first appellant killed his deceased father by stabbing him. The first appellant, Chivatsi Dzombo Chivatsi, a son of the deceased, told the trial court that he had a heated argument with his late father who took out a knife, brandished it against him and cut the appellant on the head. This appellant then grabbed the knife…