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Erastus Ngura Odhiambo v. Republic

(2020) JELR 102399 (CA)

Court of Appeal  •  Criminal Appeal 115 of 2018  •  24 Apr 2020  •  Kenya

Wanjiru Karanja, William Ouko, Fatuma sichale



This is yet another sad incident where a young woman and a mother of a young child aged 1 year lost her life. The appellant (Erastus Ngura Odhiambo alias

Baba B) was blamed for her death and charged with the offence of murder contrary to section 203 and read with section 204 of the Penal Code, the particulars on the information being that, on the night of 11th/12th December, 2014, within Nairobi County, the appellant murdered Linda Wanjiku Irungu.

The appellant denied the charge and in a trial conducted by Mutuku, J, the prosecution called a total of 13 witnesses while the appellant made a sworn statement of defence and called one witness. Upon conclusion of the trial, the appellant was found guilty of the murder and sentenced to serve twenty (20) years imprisonment.

The evidence on record is that on 11/12th December, 2014, Diana Irungu Lodenyi (P.W.1), a sister to the deceased was living at the deceased’s house in Buruburu Estate together with two (2) house girls an…

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