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Kennedy Maingi Yaitha & Elizabeth Mutuli Mutuku v. Republic

(2020) JELR 100180 (CA)

Court of Appeal  •  Criminal Appeal 92 of 2017  •  7 Aug 2020  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, Hannah Magondi Okwengu



[1] The evidence before the trial court shows that Tabitha Nthenya Nguku (the deceased) was last seen alive on the night of 4th September, 2011 by Raphael Mutunga Njau (PW2). It was the evidence of PW2 that at the material time he used to do some farm work for the deceased and they were also lovers for about five (5) months. On the fateful night, of 4th to 5th September, 2011, while they were in the deceased’s house at about 1 am, they were woken up by dogs barking. The deceased opened the door, and went to see what was happening. PW2 said he heard people banging the door and the deceased scream. He also heard a voice of a woman which he recognized as that of Elizabeth (the 2nd appellant) who was the deceased’s sister say: “I told you I will kill you ”. The same voice also threatened him with dire consequences if he went outside.

[2] That was the last time the deceased was seen alive. Her death, who caused it, and the motive behind it remained a mystery to be unrav…

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