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Kimilu Kisuni Nzomba v. Republic

(1998) JELR 104249 (CA)

Court of Appeal  •  Criminal Appeal 7 of 1994  •  20 Nov 1998  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Effie Owuor

Judgement

JUDGMENT OF THE COURT

After setting out the prosecution case and that of the appellant in this appeal, the learned trial judge in his judgment dated and delivered at Machakos on 10th December, 1993 had this to say:

"I have considered the evidence of both the prosecution and the defence carefully. The accused states that he was so drunk that he did not know what he was doing. But his acts were so consistent and the sequence was that of a person who knew what he was doing.

The offence of murder is committed when a person of malice aforethought plans to kill and he kills and it does not matter whether the person killed is the person he intended to kill or not.

In the present case, although the accused intended to shoot Ndilo but instead he shot and killed the two deceased persons does not exonerate him of the blame.

The prosecution has proved its case beyond any reasonable doubt that the accused formed his mind to kill the deceased persons and that the killing was unlawful.

I therefore record …

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