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Juma Mzuri Chovu v. Republic

(2009) JELR 100425 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2008  •  23 Jan 2009  •  Kenya

Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Erastus Mwaniki Githinji



This is a first appeal by Juma Mzuri Chovu from his conviction for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It had been alleged in the information filed by the Attorney General on 10th December, 2004 that the appellant did, on 27th May 1999 at about 7.30 a.m. at Vikombani village of Miritini location, Changamwe, Mombasa murder Mariam Kitsesho (the deceased). Mariam was the appellant’s wife at the time although, as we shall see later, there were domestic problems.

As this is a first appeal, we must subject the evidence on record to our own evaluation and assessment and come to our own independent decision on the issues submitted before us. In so doing however, we must have due regard and make allowance for the findings and conclusions made by the learned trial Judge who had the added advantage of seeing and hearing the witnesses testify before him – see Okeno v. Republic [1972] EA 32.

The appellant in person drew up a …

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