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Daniel Mwomole Adede v. Republic

(2019) JELR 102900 (CA)

Court of Appeal  •  Criminal Appeal 237 of 2018  •  17 Oct 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellant was charged with the offence of murder contrary to Section 203 as read together with Section 204 of the Penal Code, Chapter 63 of the Laws of Kenya. The particulars of the offence were that on the 6th of October 2010, at Makutano village, Matakusi sub-location, Lugari location in Lugari District within Western Province, the appellant jointly with others not before court murdered Janet Olesia Singer (the deceased). The deceased was attacked on 12th April 2010 and died six months later on 6th October 2010.

2. The prosecution case was founded and grounded inter alia on the testimony of PW1 Ainea Vutziriri, PW2 Simon Mudasia Ombuya, PW3 Dr Wambasi Mutolo a medical superintendent at Webuye District Hospital and PW4, Peter Ngunje, a Police Constable.

3. PW1 Ainea Vutziriri testified as follows:

On 12th April 2010 I was at the home of the deceased JANET. We were having tea at 7.30 p.m and her workers James and Julius who are Turkana and Simon Mudasia. We he…

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