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Julius Suvi Ndambu v. Republic

(2016) JELR 100436 (CA)

Court of Appeal  •  Criminal Appeal 232 of 2005  •  9 Dec 2016  •  Kenya

Coram
Martha Karambu Koome, Paul Kihara Kariuki, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

1. Before us is a first appeal against the appellant’s conviction and sentence for the offence of murder. As such we are cognizant that a first appeal to this Court is by way of a retrial, entailing an exhaustive appraisal and re-evaluation of the evidence. We are not merely called upon to scrutinize the evidence to see whether it supports the findings and conclusions of the trial court. On the contrary, we must weigh conflicting evidence, make our own findings and draw our own independent conclusion. See Okeno vs. Republic [1972] EA 32 and Kiilu and Another v. Republic [2005] KLR 174.

2. The appellant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that on the 17th June, 2002 at Kavole Village in Kitui District within the then Eastern Province, the appellant murdered Teresia Suvi (the deceased). The appellant entered a plea of not guilty and the matter proceeded for tria…

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