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Dennis Mgute Kafani & Ngolo Konzi Mgute v. Republic

(2016) JELR 102752 (CA)

Court of Appeal  •  Criminal Appeal 27 & 28 of 2015  •  15 Jul 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Charo Mgute Lugo “deceased”, Dennis Mgute Kafani and Ngolo Konza Mgute “the 1st and 2nd appellants” are members of the same family. Indeed the deceased was a paternal uncle to the appellants. On the night of 11th February, 2012 at about 9.30 p.m. the deceased was asleep in his house in Jibana Location, of Kilifi County in the company of his young son Kennedy Udzite (PW 2) when the door to his house was suddenly forced open. Two intruders entered the house whilst armed with a panga and metal bar. They pulled the deceased from his bed and immediately set upon him cutting and hitting him. The deceased screamed for help and PW 2 who was asleep in the next room came out and saw the intruders as they assaulted his father, the deceased. He joined the deceased in screaming for help. The intruders were also armed with a powerful torch and through the bright light emitted by it, PW 2 was able to recognize the intruders as his cousins, the appellants. He noted that whereas t…

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