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Mdoe Dewa Kombe v. Republic

(2020) JELR 99160 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2018  •  24 Apr 2020  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



The appellant, Mdoe Dewa Kombe, was charged in the High Court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63 Laws of Kenya. The particulars of the information were that on the 4th October 2011 at about 16.00 hours at Majugwani Village, Mwereni Location, Kwale County, within the Coast Region he murdered

Kwekwe Nyanje (the deceased).

The appellant pleaded not guilty to the charge, paving way for the trial, during which the prosecution called 6 witnesses.

The facts were that the deceased was the appellant’s wife, and on the material day, a misunderstanding had arisen between them. This caused the deceased to return to her parents’ home. The deceased’s father Nyanje Koti, PW1, testified that the appellant had come to his home to resolve a misunderstanding that he had had with his wife, the deceased. When the deceased’s father went to call the elders to settle the dispute, he was called by his wife and informed that t…

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