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Katana Kaka alias Benson, Kitsao Kalume Sanga & Changawa Charo Karisa v. Republic

(2017) JELR 100212 (CA)

Court of Appeal  •  Criminal Appeal 93 of 2014  •  5 Oct 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

[1] The three appellants were jointly charged alongside one other, with two counts of murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code. According to the Information, the particulars of the charge were as follows:

‘1. K C, 2. KATANA KAKA alias BENSON KAZUNGU 3. KITSAO KALUME SANGA 4. CHANGAWA CHARO KARISA: On the 31st day of January, 2010 at Shella village, Sabaki sub location in Malindi District within the Coast Province, jointly and severally murdered KAKA CHULA and KADZO CHULA’

[2] The appellants denied the charges; hearing of the matter began in earnest, before Omondi J., with the 1st and 2nd appellants being represented by learned counsel Mr. Mwadilo, while the 3rd appellant was represented Mr. Lughanje. The prosecution’s case was supported by the evidence of a total of 7 witnesses who testified in support of the charges. Upon considering the prosecution’s evidence, the learned trial Judge found each of the appellants h…

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