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Damaris Mueni Musau v. Republic

(2020) JELR 102943 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2017  •  22 May 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

This is a first appeal arising from the Judgment of the High Court of Kenya at Nairobi, Criminal Appeal Number 24 of 2017 (S.N Mutuku, J.), dated 26th September, 2017.

The background to the appeal is that, the Appellant was charged before the High Court at Nairobi in the above Criminal Case, with the offence of murder, contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the Information being that, on an unknown date between 19th December, 2014 and 24th December, 2014 at Umoja One Estate, Buruburu division within Nairobi County, the appellant murdered Raphael Matheka Nzembu. The Appellant denied the offence prompting a trial in which the prosecution called fifteen (15) witnesses to prove the charge, while the appellant who gave sworn evidence was the sole witness in her defence.

The brief facts of the appeal are that, appellant and the deceased were married and had one daughter. The rental house they lived in in Umoja one Estate in…

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