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(2015) JELR 105300 (CA)

Court of Appeal  •  Criminal Appeal 665 of 2010  •  9 Oct 2015  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



Mohammed Abdalla Vincent, the appellant, was charged before the High Court at Kisii with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 15th August 2009 at Nyamanaga village, Masaba District within the then Nyanza Province, he murdered Peter Ombae Otuke, (the deceased).

A plea of not guilty was entered as against the appellant and the prosecution called 6 witnesses.

Charles Otuke, PW 1, (Charles) testified that he was on his way home from Kibirichi SDA church in the company of his sister, Esther Kerubo Otuke, on 13th August 2009, when they came across the appellant who appeared to be annoyed. The appellant picked up a branch and assaulted Esther, who he accused of spreading rumors that he was a smoker of bhang. Esther screamed, alerting several people, and the appellant ran away. On 15th August 2009 at about 2pm, as he was on his way to collect milk from a neighbor, Charles met wi…

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