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IRENE NEKESA PETER V. REPUBLIC

(2014) JELR 104159 (CA)

Court of Appeal  •  Criminal Appeal 35 of 2011  •  25 Jul 2014  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Jamila Mohammed

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. Irene Nekesa Peter, the appellant herein, was charged on the 4<sup>th</sup> April, 2008 before the High Court at Nairobi, with the offence of murder contrary to <em>section 203 </em>as read with <em>section 204</em> of the Penal Code, Chapter 63 of the Laws of Kenya. The brief particulars of the offence were thatthe appellant, on the 18<sup>th</sup> March, 2008, at Ngei II Madoya area in Nairobi within Nairobi area, murdered Scovia Nandudu.</p><p class="ql-align-justify">2. The evidence led before the trial court was that on the day material to the events giving rise to this appeal, the deceased and her sister, Susan Kimolo (PW4) (Susan)<em>,</em> and one Sarah, went to Maleba Bar in Huruma. At about 7:30 pm, while the three ladies were standing outside the bar, the appellant came to where they were. A fight begun between the appellant and the deceased. The fight continued for about 30 minutes, during which time the appellant knocked down the deceased, removed a knife that had been hidden in the waist band of her skirt, and stabbed the dece…</p>

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