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Kanini Muli v. Republic

(2014) JELR 100260 (CA)

Court of Appeal  •  Criminal Appeal 238 of 2007  •  24 Jan 2014  •  Kenya

Coram
Daniel Kiio Musinga, Paul Kihara Kariuki, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant, Kanini Muli, was convicted of murder by the High Court (Wendoh J) on 30th November, 2007 and sentenced to suffer death. The conviction was based on a retracted confession, there being no other evidence linking the appellant to the offence. The central issue in this appeal is therefore whether the appellant was properly convicted on the basis of that retracted confession. The facts of this appeal are quite peculiar and rather tragic for the appellant, her family and that of the deceased, Moki Shem Ndumbu.

From the outset, the theory put forward by the prosecution was that the appellant had killed the deceased because he had jilted her. The deceased, Moki Shem Ndumbu and the appellant were neighbours in Kisekini Village, Mulango location, Kitui. In the early 1990s, when the appellant completed her secondary school education, she had a love affair with the deceased. She subsequently gave birth to a baby girl, (JK) who she claimed was fathered by the dec…

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