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KAHINDI CHARO V. REPUBLIC

(2018) JELR 100289 (CA)

Court of Appeal  •  Criminal Appeal 53 of 2017  •  20 Sep 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUGDMENT OF THE COURT

1. Before us is an appeal against Kahindi Charo’s (the appellant) conviction and sentence for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that the appellant on 29th November, 2006 at Kiembeni Location, Kilifi District within the then Coast Province, murdered Sidi Benjamin Shaha (the deceased).

2. The prosecution’s case with regard to the said offence was that on the material day the appellant and his wife, the deceased, had a disagreement which culminated in the deceased going to her parents’ home. Upon arrival she met her mother, Nyevu Shaha (PW2) in the company of Saumu Shaha (PW1) outside her parents’ house and informed them of the disagreement, the details of which were not disclosed at the trial court. She also told them that she had resolved not to go back to her matrimonial home until the appellant came for her.

3. Apparently, later in the evening between 5:30p.m and 6:00p.m the …

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