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Michael Kuria Kahiri v. Republic

(1993) JELR 99116 (CA)

Court of Appeal  •  Criminal Appeal 45 of 1991  •  30 Aug 1993  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gachuhi, Gicheru and Kwach JJ A)

CRIMINAL APPEAL NO 45 OF 1991

MICHAEL KURIA KAHIRI .......................... APPELLANT

VERSUS

REPUBLIC......................................... RESPONDENT

(Appeal from a conviction and sentence of the High Court of Kenya at

Nairobi (Justice JA Mango) dated 13th May 1991)

in HCCR C No 27 of 1990)

JUDGMENT

The appellant’s wife, the deceased, was on the evening of 11th October, 1989 admitted at Kenyatta National Hospital (the Hospital) in a serious condition after sustaining 80% burns of her body by fire. Soon after 11.00 p.m. on the same day, I P Eliud Wanyonyi (PW12) who then attached to Nairobi Area Police Control Room visited her at the Burns Ward of the hospital where she was admitted. On asking her what happened, she told him that the appellant had set her ablaze after accusing her of coming home late while drunk. According to PW12, the deceased had burns all over her body and was in great pain as she spoke to him.

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