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MARK ARISI MOGERE & MATHEWS MOTARI KERANGE V. REPUBLIC

(1997) JELR 104567 (CA)

Court of Appeal  •  crim app 69 of 97  •  26 Nov 1997  •  Kenya

Coram
Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement
<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellants were convicted after a trial before the High court (Juma, J.) of Murder contrary to section 203 of the Penal Code, and were sentenced to the Mandatory death sentence. They now appeal against that conviction and the sentence.</p><p class="ql-align-justify">Mr. Karanja, Senior State Counsel, does not support the conviction of the appellants, properly so in our view. The appellants were jointly charged with three other persons who were acquitted. The evidence which was placed before the trial Judge showed that the deceased Maria Kemunto Nyamao was attacked by quite a large number of people who like her had gone to the home of one Jacob Mogere in response to a whistle which was blown to call people there, violently assaulted using sticks and stones, and later doused with paraffin and set on fire on the allegation that she had through witchcraft had the said Mogere&#x27;s child dumb. Among those who testified against the appellants and their co-accused were her son and his wife. Those witne…</p>

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