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Mbuu Said v. Republic

(2017) JELR 99163 (CA)

Court of Appeal  •  Criminal Appeal 19 of 2013  •  17 Feb 2017  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The only issue at the trial of the appellant was whether he was responsible for the death of his father-in-law, thedeceased, who was viciously and fatally attacked with a panga on 28thApril,2010 at around 8p.m.At the scene was the appellant's wife(PW2), mother-in-law(PW1)and the deceased. Earlier on the material day, the deceased had sent his wife(PW1) to fetch their daughter, PW2, from the appellant's home because the appellant had not fully settled the dowry. It was common factor that the appellant was expected to pay dowry of 14 cows but had only paid the equivalent Kshs.5,000 for the six months period he had lived with PW2 as his secondwife. At the time the appellant marriedPW2 she alreadyhad two children from her first marriage. These children however lived with her parents.

The trial revolved around the foregoingfacts, with the appellant confirming that he had indeed been to his in-law’s home but only to see PW2’s child who was sick. On the other hand the pro…

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