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(2015) JELR 102477 (CA)

Court of Appeal  •  Criminal Appeal 75 of 2013  •  26 Feb 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The appellant was charged with murder contrary to Section 203as read with Section 204 of the Penal Code. The Information is that on the night of 21st November 2010 at Emburi Farm, Maritati sub-location in Buuri District within Eastern Province the appellant murdered Boniface MainaMwangi. The appellant was tried, convicted and sentenced to death by the High Court. She has now appealed to this court.

By amemorandum of appeal filed on 6th February, 2014,the appellant raises six grounds of appeal the most important being that the actusreus for murder on the part of the appellant was not proved. The other grounds of appeal are that:

the learned Judge erred in law and fact in convicting the appellant based on evidence that was full of contradictions;

the learned Judge erred in law and fact in failing to find that PW1 did not properly identify the appellant as the circumstances of identification were not favourable and or free from error;

that conviction was against the weig…

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