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Mohamed Barisa Guyo v. Republic

(2019) JELR 99018 (CA)

Court of Appeal  •  Criminal Appeal 10 of 2017  •  14 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. This is a first appeal against the conviction and sentence meted out against the appellant for the offence of murder contrary to section 203 as read with section 204 of the Penal code. The brief circumstances leading to the said conviction, as presented by the prosecution, are that on 11th October, 2006, Alfred Baya (PW1) was in Lamu working as a shamba boy (gardener). After working in the shamba with Kazungu Ngumbao (the deceased) who was also his cousin, the two went for lunch at the deceased’s house. The lunch was prepared by the deceased’s wife who also had some guests over. After lunch, PW 1, the deceased as well as the deceased’s wife saw the guests off.

2. Since the deceased had to check in at his place of work, otherwise known as Faraji farm, he left his wife to continue to escort the guests while he and PW1 went off to the farm. On arrival they found cattle inside the shamba. The deceased, who was employed to oversee the land, asked PW 1 to assist him i…

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