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(2018) JELR 99813 (CA)

Court of Appeal  •  Criminal Appeal 55 of 2015  •  12 Jul 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] Kingi Kenga Kazungu (the appellant), both deceased persons and the eye witnesses were all relatives in a family matrix that is rather confusing.

[2] Kavumbi Thoya Baya (deceased No. 1), was a sister to Kenga Kazungu (deceased No. 2). Deceased No. 2 was the appellant’s father. Dama Charo (PW 6) was Thoya Ndoro (PW 4’s) wife and the latter was a brother to the appellant. From the evidence on record, the appellant’s father (deceased No.2) had an illicit love affair with PW 6, a state of affairs her husband, PW 4 seemed to condone but which upset the appellant pretty much. PW 5 (Patrick Thoya Baya) was PW 6’s son.

[3] On the date and time in question, Agnes Ngoma (PW1) and her mother (deceased No.1) and deceased No. 2 were seated outside PW 1’s mother’s house. Deceased No. 2 had been served a meal of ugali which he was eating as they were having a normal conversation. The appellant is said to have arrived at around 4.00 p.m. and on approaching his father, he asked h…

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