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Kalume Fondo Gona v. Republic

(2018) JELR 100281 (CA)

Court of Appeal  •  Criminal Appeal 55 of 2016  •  22 Feb 2018  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. Ngumbao Nyanje Mwavuo (deceased) died in unclear circumstances and in a most gruesome manner. While at home with his wife on the morning of 2nd July, 2013, the deceased was visited by a stranger who wished to enlist his services as a traditional medicine man and tend to the stranger’s ailing friend who was at a different location. The deceased agreed to accompany the stranger to offer the services to the sick person. That was the last time the deceased was seen alive because by a strange cloak and dagger mystery, the deceased was later found at a nearby forest, butchered to death in the most grotesque manner.

2. Kalume Fondo Gona, (appellant) being the last person that was seen with the deceased, was charged alongside John Ngala Mwavuluo (John) with the offence of murder. Upon trial, he was convicted and sentenced to serve 25 years imprisonment, while his co accused was acquitted. The circumstantial evidence against which the charge of murder was preferred again…

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