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Julius Mutei Muthama v. Republic

(2018) JELR 100450 (CA)

Court of Appeal  •  Criminal Appeal 189 of 2016  •  18 May 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, William Ouko

Judgement

JUDGMENT OF THE COURT

1. This is a first appeal from the decision of Kimaru, J. where the appellant, Julius Mutei Muthama alias Bonny was convicted of the murder of Sophia Wakio Maina (the deceased) and sentenced to death. The particulars of the offence were that on 5th November, 2000 at Korogocho Village in Nairobi, the appellant with malice aforethought caused the death of the deceased.

2. Being aggrieved by the said conviction and sentence, the appellant preferred an appeal to this Court.

3. This being the first appellate court in a such a trial, we are obliged to re-evaluate the evidence that was tendered before the trial court, weigh any conflicting evidence and reach our own conclusion, but bearing in mind that we neither saw nor heard the witnesses who testified before the trial court. See Kiilu and Another v. Republic [2005] KLR 174.

4. The brief facts of the matter before the trial court were that Susan Wanjiku, PW4, was living with the deceased, her sister, at Korogocho. The dec…

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