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Karisa Kitsao Kenga v. Republic

(2017) JELR 100232 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2016  •  12 Oct 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. Before us is a first appeal against the appellant’s conviction for the offence of murder. As such, we are cognizant that a first appeal to this Court is by way of a retrial, entailing an exhaustive appraisal and re-evaluation of the evidence. We are not merely called upon to scrutinize the evidence to see whether it supports the findings and conclusions of the trial court. On the contrary, we must weigh conflicting evidence, make our own findings and draw our own independent conclusion. See Okeno v. R [1972] EA 32 and Kiilu and Another v. R [2005] KLR 174.

2. The appellant and his co-accused, Max Sikubali Kitsao, were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that on 25th October, 2008 at Konjora Village, within the then Kilifi District of Coast Province, the appellant and his co-accused murdered Kitsao Kenga Mwanzani (the deceased). Both the appellant and his co-accu…

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