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D M G v. Republic

(2006) JELR 106820 (CA)

Court of Appeal  •  Criminal Appeal 74 of 1991  •  5 May 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is a first appeal brought by D M G (the appellant) against his conviction and sentence for the offence of murder contrary to section 203 as read with 204 of the Penal Code. The particulars of the charge allege that on 23rd January, 1988, at [particulars withheld] village, Gatundu in Kiambu District of the Central Province, he murdered N G M (the deceased).

The alleged murder was unusual, most foul and shocking. The deceased, a boy aged 5 years, was the first born child of the appellant. He was described as having been about a metre tall at the time of his death. He resided with his mother, P W G (Pauline) at Buruburu Estate. Also living with Pauline were her two other children and her sister N G T (Nancy).

The appellant and Pauline entered into a statutory marriage in 1982, cohabited thereafter, but in or about 1987 the cohabitation ceased because of differences between them, which, according to Pauline arose because of the appellant’s refusal to support his fa…

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