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(2009) JELR 102643 (CA)

Court of Appeal  •  Criminal Appeal 335 of 2006  •  2 Oct 2009  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



MARY NYAMBURA KIMANI (the deceased) was, on or about 13th October, 2003, killed and her body was cut into several pieces and some parts of it were thrown into a pit latrine. Other parts were hidden in two different places from where they were recovered by the police on or about 19th October, 2003. No one witnessed the bizarre act.

The appeal is by DOUGLAS THIONGO KIBUCHA (the appellant). On the material date when the deceased was killed he was residing at the Ministry of Water Camp at Maralal. Before that date he had been cohabiting with the deceased as husband and wife. The appellant was suspected to have killed the deceased. He was arrested upon recovery of the deceased’s body parts from a latrine, which witnesses testified was about 20 metres from his residence. When the police concluded their investigations as to the cause of the deceased’s death, the appellant was arraigned before the High Court, on a charge of murder contrary to section 203 as read with secti…

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