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(2018) JELR 100233 (CA)

Court of Appeal  •  Criminal Appeal 63 of 2016  •  15 Feb 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. On 27th January, 2008, the deceased Jumwa Kenga Ngola, Dama Ngarema (PW3), and her daughter Karembo Garama (PW7) headed to the communal tap to buy water. The deceased had earlier on borrowed 1 shilling from PW3 to buy the water.

2. On the way to the tap, they met the appellant who apparently had an illicit love affair with the deceased. The appellant is said to have stopped the deceased and engaged her in conversation while the others walked on to the water point. According to PW3, she filled up the deceased’s water container and also fetched some cassava vegetables for her and left them at the water point for the deceased to collect them after her escapade with the appellant, and went home. Later the same night at around 7.00 p. m, the appellant went to PW3’s house and requested her to go and collect the water and vegetables which she had left for the deceased at the water point. The appellant is said to have informed PW3 that he had decided to take the decease…

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