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DANIEL WACHIRA MUNENE V. REPUBLIC

(1994) JELR 102881 (CA)

Court of Appeal  •  Criminal Appeal 1 of 1993  •  19 Oct 1994  •  Kenya

Coram
Abdul Majid Cockar, John Mwangi Gachuhi, Mathew Guy Muli

Judgement

JUDGMENT

The appellant’s wife was admitted at Kenyatta National Hospital in the morning of 6th January, 1991 for having burns over her body. At the time of her admission, she was unable to speak. She died from those injuries on 10th January, 1991. The appellant was then charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code in that on the 6th January, 1991, at Huruma Estate in Nairobi, he murdered his wife Nancy Wambui Wachira. He was tried and convicted as charged and sentenced to suffer death in a manner authorized by law.

The appellant has appealed to this Court against the conviction and the sentence on a number of grounds in which he challenged the credibility of the entire evidence that it was full of contradictions by the witnesses, that the dying declaration was not properly obtained and that it was wrongly acted upon by the Court because it lacked corroboration.

The facts of the case are that the deceased was married to the appellan…

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