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David Senerwa & Joseph Maruru Alias Ayub v. Republic

(2016) JELR 104938 (CA)

Court of Appeal  •  Criminal Appeal 461 of 2010  •  12 Feb 2016  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. The appellants were charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on the 27th day of November, 2001 at Iloro Village, Shibuye Location in Kakamega District, the appellants jointly murdered Sylvester Shakwala, hereinafter referred to as “the deceased”. The appellants were duly convicted and sentenced to death.

2. Being aggrieved by the said conviction and sentence, the appellants preferred an appeal to this Court. The appellants have raised four grounds of appeal, namely, that the trial judge did not consider numerous discrepancies in the prosecution evidence, that he failed to evaluate the evidence before him, that he did not consider the appellants, defence, and that he shifted the burden of proof to them.

3. This being a first appeal, this Court is under an obligation to re-evaluate the evidence that was tendered before the High Court, analyse it and come to its own independent co…

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