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Ezekiel Wakhwa Nandwa & Morgan Ongwano Ngala v. Republic

(2019) JELR 97857 (CA)

Court of Appeal  •  Criminal Appeal 138 of 2015  •  21 Nov 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Kathurima M'inoti



The information pursuant to which Ezekiel Wakhu Nandwa (1st appellant) and Morgan Ongwano Ngala (2nd appellant) were charged and convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code stated that on 17th August 2010, at Mahola Village in Butere District in Western Province they jointly murdered Paulo Amayeye David. Sitati, J., the last of the three judges who heard the case, found the two appellants guilty as charged and sentenced them to death, which she found to be the mandatory sentence prescribed by law. The appellants were aggrieved and filed this first appeal, which by law is both on matters of law and fact.

In support of its case, the prosecution called six witnesses. Ruth Inyangala (PW1) testified that while she was cultivating her shamba at about 7.30 am on the material day, the deceased passed by from the river and greeted her. Shortly she heard voices directing him to sit down. She went to find out what was …

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