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Cosmas Nzuki Valiki v. Republic

(2020) JELR 103067 (CA)

Court of Appeal  •  Criminal Appeal 59 of 2016  •  25 Sep 2020  •  Kenya

Fatuma sichale, Patrick Omwenga Kiage, Agnes Kalekye Murgor



The appellant, Cosmas Nzuki Valiki, was arraigned before the High Court at Machakos and was charged with murder contrary to Section 203 as read together with Section 204 of the Penal Code. The particulars of the offence were that on 29th July 2010 at Kiangwa Village, Ikanga Location in Kitui District, the appellant murdered Joseph Valiki (deceased).

The appellant denied the charge leading to a trial in which the prosecution called 10 witnesses in support of its case. During the trial it emerged that the appellant fatally attacked and murdered the deceased with a machete. A little background on the complexity of the Valiki family dynamic will shed light as to what prompted the appellant to commit such a heinous crime against his own father.

The deceased had three wives, though the second one had passed away. At time of his death he was living at the third wife’s homestead. The trial court was informed that the dispute revolved around the distribution the deceased’s w…

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