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David Mwangi Monica v. Republic

(2020) JELR 102805 (CA)

Court of Appeal  •  Criminal Appeal 39 of 2017  •  7 Aug 2020  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Hannah Magondi Okwengu

Judgement

JUDGEMENT OF THE COURT

1. The appellant herein was arraigned before the High Court at Nairobi to answer a charge of murder contrary to section 203 as read with section 204 of the Penal Code. He is said to have, with malice aforethought killed one Jessee Macharia Kabua, (the deceased), on 21st June, 2011. He denied the charge and the matter proceeded to hearing with the prosecution calling a total of nine witnesses in support of its case. On his part, the appellant testified on oath and called his brother, one John Macharia as his witness.

2. The brief facts of the case are that the appellant and (Dorcas Mugure Kariuki) PW4, had been living together as husband and wife for about 4years and had a son together. However, as at the time the incident giving rise to this case occurred they had parted ways and were living separately but within the same locality. On the date in question, PW4 took their son to school in the morning but the appellant appears to have collected him from there in theā€¦

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